The history of the sufferings of the Church of Scotland from the Restoration to the Revolution

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THE

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HISTORY OF THE SUFFERINGS

CHURCH OF SCOTLAND

FROM THE

RESTORATION TO THE REVOLUTION

REV. ROBERT WODROW

MINISTER OF THE GOSPEL AT EASTWOOD.

WITH

AN ORIGINAL MEMOIR OF THE AUTHOR, EXTRACTS FROM HIS CORRESPONDENCE,
A PRELIMINARY DISSERTATION, AND NOTES.

REV. ROBERT BURNS, D,D. F. A. S. E.

MINISTER OF ST. GEORGE S, PAISLEY; AUTHOR OF HISTORICAL DISSERTATIONS ON THE POOR
OF SCOTLAND ; TREATISE OF PLURALITIES, ETC.

NEW EDITION, IN FOUR VOLUMES.

VOL. TI.

fv

v

GLASGOW:

BLACKIE AND SON, 8, EAST CLYDE STREET.

M.DCCC.XXX.IT.

3 DIEIH MAE TIL AW ID ,

:L> r ,K h 1.) IK TL, Ar D E 1^ ".ID A L \, ,

CONTENTS OF VOLUME SECOND.

BOOK II.

CHAP. I. Of the rising at Pentland, 1666, 2.

Sect. 1. The state of affairs before the rising,
2 proclamation against the apologetical nar
ration, February 8th, 1666, 7 letter from a
gentleman in Galloway, 1666, 9 proclamation
for procuring obedience to ecclesiastical author
ity, October llth, 1666, 15.

Sect. 2. Of the rising itself, 17 council s let
ter to the commissioner, November 17th, 1666,
19 proclamation against the rebels in arms,
November 2 1st, 1666, 20 council s act for de
fence of the country, November 21st, 1666, 21
declaration of those in arms for the covenant,
1666, 25 king s letter to the council, Novem
ber 24th, 1666, 27.

Sect. 3. Of the executions of such as were
taken, 35 proclamation discharging the reset of
the rebels, December 4th, 1666, 36 process
against captain Andrew Arnot, &c. December
4th, 1666, 39 commission for justiciary at
Glasgow, December 1666, 51 William Suther
land s declaration, 54 association at Exeter,
1688, 60 association in the north of England,
1688, ibid.

CHAP. II. Of the state and sufferings of pres-
byterians, 1667, 61.

Sect. 1. Of the severities of the army, and
forfeitures after Pentland, 62 indictment
against colonel Wallace, &c. 1667, 66 process
against colonel Wallace, 1667, 70 process
against Caldwell, &c. 1667, 73 commission to
the laird of Houshill, October 12, 1667, 75
gift of Caldwell s estate to Dalziel, July llth,
1670, ibid remission to Robert Chalmers, June
21st, 1669, 77.

Sect. 2. Of the disbanding the army, bond of
peace, &c. 80 proclamation for bringing in
arms, March 25th, 1667, 82 proclamation for
bringing in horses, March 25th, 1667,84 coun
cil s letter to the king, March 25th, 1667, 85
proclamation about ministers, June 13th, 1667,
86 king s letter to the council about forfeitures,
May 4th, 67 king s letter to the council, Aug
ust 23d, 1667, 89 king s pardon and indemnity
to those in the rebellion, October 1st, 1667, 92
council s act anent the indemnity, with the
bond of peace, October 9th, 1667, 93 council s
act about the bond, 94 instrument taken at
subscribing the bond, December 30th, 1667, 95
council s orders to the army, November 15th,
1667, 97 act of council about the forces, Nov
ember 15th, 1667, 98.

. CHAP. III. Of the state and sufferings of
presbyterians, 16G8, 100.

Sect. 1. Of Sir James Turner and Sir William
Bannantyne their cruelties, 101
Sect, 2. Of the bond of peace, Mr Mitchel s

attempt, &c. 105 proclamation against rebels
who have not accepted the indemnity, May 9th,
1668, 108 bond by the town of Edinburgh
against conventicles, July 29th, 1668, 111 Mr
John Wilkie s examination before the council,
July 28th, 1668, 113.

CHAP. IV. Of the state and sufferings of
presbyterians 1669, 120.

Sect. 1. Of presbyterians sufferings before the
indulgence, ibid.

Sect. 2. Of the first indulgence, July 1669,
129.

Sect. 3. Of the proceedings of the parlia
ment this year, 136 act anent the supremacy,
November 1CC9, 137 act anent ministers, 1669,
140.

Sect. 4. Of other matters this year, 141.

CHAP. V. Of the state and suffering of pres
byterians 1670, 146.

Sect. 1. Of the state of the indulged, and
keepers of conventicles this year, 146 procla
mation anent conventicles, February 3d, 1C70,
150 letter to a minister, 1670, 154.

Sect. 2. Of the actings of the western com
mittee, and other things, 159 Mr John Men-
zies testimony, July 12th, 1670, 164 letter
from a meeting of ministers, 1670, 165.

Sect. 3. Of the laws and acts of parliament,
166 act 2d, parl. 16*70, anent deponing, 167
act 5th, parl. 1670, anent field-conventicles, 169
act 6th, parl. 1670, anent baptisms, 173 act
7th, parl. 1670, anent separation, 174.

Sect. 4. Of the accommodation proposed by
bishop Leighton, 175 bishop Leighton s pro
posal at Paisley, 181 counter proposal to the
former, ibid.

CHAP. VI. Of the state and sufferings of
presbyterians, 1671, 182.

CHAP. VII. Of the state and sufferings of
presbyterians 1672, 190.

Sect. 1. Of the persecution of particular per
sons, 191 decreet, king s advocate against Mr
Duncan and the countess of Wigton, July 27th,
1672, 193.

Sect. 2. Of the laws and acts of parliament
this year, 197 act 9th, parl. 1672, against un
lawful ordinations, ibid act llth, parl. 1672,
anent baptisms, 198 act 12th, pail. 1672, anent
the 29th of May, 199 act 17th, parl. 1672,
against conventicles, 200.

Sect. 3. Of the second indulgence, Septem
ber 1672, 201 declaration of his majesty s fa
vour or English indulgence, March 15th, 1672,
202 act 1st, anent the indulgence, September
3d, 1672, 203 act 2d, September 2d, 1672, 205
act 3d, September 3d, 1672, ibid grievances
as to the indulgence, 207.

CONTENTS.

CHAP. VI I r. Of the state and sufferings of
presbyterians 1G73, 211 proclamation against
conventicles, April 2d, 1C73, 212 true narra
tive, &c. 217 a short account of affairs from
Scotland, November 1673, 229 Doctor Burnet s
letter to Lauderdale, December 15th, 1073, 232.

CHAP. IX. Of the state and sufferings of
presbyterians 1G74, 238.

Sect 1. Of the procedure against conventicles,
233 proclamation, June 18th, 1674, obliging
heritors and masters for their tenants and ser
vants, 235 act of council for apprehending the
rebels, June IGth, 1674, 237 king s letter to the
council against conventicles, June 23d, 1674,
238 act of council anent these pursued for field-
conventicles, July 16th, 1674, 242.

Sect. 2. Other occurrences this year, 248
Mr James Mitchel s libel, March 2d, 1674, 249
Mr Thomas Forrester s large paper, 253 Mr
Forrester s remarks on the synod s sentence,
259 king s indemnity, March 24th, 1674, 266
presbytery of Paisley s sense of the overtures,
274 articles agreed on at the meeting of minis
ters, January 20th, 1675, 275 exceptions by a
particular minister, 276 presbytery of Paisley s
sense of the articles, 277.

CHAP. X. Of the state and sufferings of
presbyterians 1675, 278.

Sect. 1. Of the persecution of particular per
sons this year, 279 council s act for a fast, July
15lh, 1675, 280 letters of intercommuning,
August 6th, 1675, 286 state of my lord Car-
dross s process, 1675, 291.

Sect. 2. Of some other particulars this year,
295 Burnet s examination and declaration, 298
commons address against Lauderdale, April
27th, 1G75, 299 king s answer, May 7th, 1675,
ibid.

CHAP. XI. Of the state and sufferings of
presbyterians 1676, 317.

Sect. 1. Of the council s procedure, against
presbyterians, 317 proclamation against con
venticles, &c. March 1st, 1676,318.

Sect. 2. Of the sufferings of particular per
sons this year, 326.

Sect. 3. Of the circumstances of the indulg
ed, and other matters, 336.

CHAP. XII. Of the sufferings of presbyter
ians 1677, 345.

Sect. I. A general view of the state of pres
byterians this year, 346.

Sect. 2. Of the sufferings of particular per

sons, 351 Brae s examination, January 29th,
1677, 353.

Sect. 3. The council s procedure against con
venticles and presbyterians this yeai% 361 coun
cil s proclamation, with the tenor of the bond,
August 2d, 1677, 364.

Sect. 4. Of the more immediate inlets to the
Highland host, 370.

CHAP. XIII. Of the Highland host, and thu
sufferings of presbyterians, 1678, 378.

Sect. 1. Of the commission, and other things
preceding the Highland host, 379 commission
for raising the Highlanders, December 26th,

1677, ibid commission to committee of council
in the west, January 18th, 1678, 383.

Sect. 2. Of the actings of the Highland host,
and committee joined with them, 388 minute
of some reasons in law against the bond, 1678,
392 letter containing reasons against the bond,
393 Hugh M Hutchison s paper upon his
taking the bond, May JG78, 395 proclamation
against resetting tenants, &c. February llth,

1678, 398 act for securing the public peace,
February 14th, 1G78, 400 letter on the law-
borrows, 1678, 402 bond of relief to the magis
trates of Ayr, February 1678, 408 proclama
tion for taking the bond in several shires, March
13th, 1678, 417.

Sect. 3. Of the damages done by the High
land host, 421 instrument, dutchess of Hamil
ton against the earl of Strathmore, April 5th,
1678, 430.

Sect. 4. Of the things which followed till
June 1678, 432 true narrative of the proceed
ings of the council in the year 1678, 442 obser
vations upon the true narrative, April 1678,
445.

Sect. 5. Of the process against Mr James
Mitchel, 454 defences, replies, and duplies, in
Mr James Mitchel s process, 1678, 459 Mr
James Mitchel s confession, February 10th,
1674, 460.

Sect. 6. Of the persecution of particular per
sons this year, 473.

Sect. 7. Of the convention of estates, the cess
and other things this year, 485 proclamation
for convention, May 28th, 1678, 486 letter in
defence of field-meetings, June 1678, 487 act
and offer of 1,800,000 pounds by the convention,
1678, 490 king s letter with instructions about
the militia, with his letter about the oath and
the tenor of it, December 19th, 1678, 493 coun
cil s letter to the king on the popish plot, Nov
ember 30th, 1678, 502 council s letter to Lau
derdale, November 30th, 1678, 503.

THE

HISTORY

OF TEE

SUFFERINGS

OF THE

CHURCH OF SCOTLAND.

BOOK SECOND.

FROM PENTLAND TO BOTHWELL-BRIDGE.

16G6.

THE condition and circumstances of
suffering presbyterians, it must be
owned, alters a little under this period, from
what it was during the former. For near
six years after the restoration, that body
of religious and loyal Scotsmen, underwent
as much oppression and injustice, as would
have put any almost but themselves, upon
quite other methods than they took. Their
legal securities for their reformation, and
religious rights, were removed, their civil
liberties taken away, their ministers scattered,
and a company of men forced into their
churches, whose practice and morals, as
well as their doctrine, made them public
nuisances. The prelates are brought in to
lord it over their consciences; piety and
serious religion is openly discountenanced,
and all its followers almost put under the
cross : in short, a very barbarous military
execution is made use of, to force all down
their throat; and all liberty of petitioning
and addressing against those evils, is dis
charged under the highest pains. Yet
presbyterians silently bear all, and groan and
mourn in secret, waiting and hoping, that
Providence would open some door or other
for their relief; and humbly praying, that
the cry of their oppression might come up
u.

to heaven, and the Lord would please to
appear in their behalf. Their adversaries
themselves being judges, nothing hitherto of
rebellion or disloyalty can be laid to their
charge ; yea, it may be affirmed, that scarce
a greater instance of patience and modera
tion, can be given in any party in Britain.
With the greatest temper they bore the most
arbitrary finings, with the illegal and military
exaction of them ; the outing and confine
ment of their worthy ministers ; the calum
nious and invidious declarations, that their
worshipping God was sedition, and the bitter
prosecution, even unto death, of some of the
best of their nobility, gentry, and ministers.
Under all this they offered not to stir, till
abused with military violence ; and even
then, only sought redress of these grievances
from their persecutors, whom they owned as
lawful magistrates. True it is, they peti
tioned in arms; but then it was under a
government, where petitioning, as well as
defensive arms, were discharged as seditious.
How little reason the advocates for passive
obedience have, to charge presbyterians with
the guilt of rebellion, and resisting the king,
in this period I am now entering upon, will
best appear from the true and unbiassed
accounts of matter of fact, now to be given ;

2 THE HISTORY OF

166(J where it will be evident, the rising
which ended at Pentland, was both
a plain fruit of the horrid oppression of the
country, and a gathering in arms merely for
self-defence, at first neither premeditated nor
designed ; and all they had in view was a fair
and just hearing of their grievances, as to
their religious and civil concerns. I shall
then begin this book with an account of that
successless attempt for these good ends
which is best known by its name, taken
from its tragical end at Pentland.

CHAP. I.

AN ACCOUNT OF THE RISING AT PENTLAND,
AND THE SUFFERINGS FOLLOWING THERE
UPON, 1666.

As far as I know, there hath been no full
and distinct narrative of this business pub
lished as yet to the world ; and therefore I
shall be the larger in mine, and touch at
some things which preceded this rising, and
fell out the former part of this year. Then
I shall essay as particular a relation as I can,
of the rising itself, in its beginnings, progress,
and dispersion, and end this chapter with as
distinct accounts, as I can now give at this
distance of time, of the persons put to death
upon this score, and their carnage and
Christian behaviour, waving very much what
hath been already published to the world
upon those heads.

SECT. I.

An account of the state of affairs during that
part of the year 1666, immediately preced
ing the rising at Pentland.

IN the former book I have brought down the
accounts of the state of this church, to the
end of the year 1665, and one would think
matters are so managed this year following,
as if there had been a formed design to force
presbyterians into violent measures and by
oppression to make them mad.

An act of council, December last, was
hinted at, which I may here take in, as the
occasion and foundation of some of the
smaller branches of trouble not a few fell

THE SUFFERINGS [BOOK II.

under this year. Beside the two severe
proclamations already noticed, which were
emitted December 7, 1665, I find another
act in the registers, of the same date, which
they term commission for discipline ; and I
insert it here.

" The lords of his majesty s privy council,
considering how necessary it is for sup
pressing sin and disorder, that some fit
persons be assisting to the minister in every
parish, in the exercise of discipline; do
therefore recommend to the several ministers
of this kingdom, that they make choice of
such a number as they shall think meet, of
the most grave, sober, and discreet persons
within the parish, to be assisting unto them
in the exercise of discipline : commanding
all persons, who shall be required by the
ministers for that effect, to give their ready
concurrence and assistance, as said is. And
in case of refusal or delay, that the minister,
after he hath acquainted the bishop of the
diocese therewith, and has received his order,
| require, or cause require them to make their
appearance before the brethren of the exer
cise ; and in case they refuse, or delay to
compear, or compearing refuse to give their
assistance, as said is, that the brethren of
the exercise present their names to the
bishop of the diocese, to be by him trans
mitted to the lords of his majesty s privy
council, to the intent they may be proceeded
against, according to their demerit, and as
the case requireth. And for the better
maintenance and supply of the poor, they
recommend to the minister of every parish,
and those assisting him in the exercise of
discipline, where any such are or shall be,
that they be careful to collect, and uplift
the fines and penalties, formerly used to be
uplifted by kirk-sessions, from scandalous
persons."

Several very obvious reflections will offer
themselves to the reader, from this act of
council : the necessity and usefulness of that
officer of Christ s institution in the Christian
church, the ruling elder, very much opposed
by the prelatists, is tacitly acknowledged, and
j a kind of equivalent is here erected, at the
request of the prelates, though every way,
like themselves, a creature of the civil power.
Here is likewise a direct attempt upon our

CHAP. I.]

Redeemer s prerogative, in bringing in new
officers of their own framing, as assistants in

OF THE CHURCH OF SCOTLAND.

parish, was this year, 1666, perse
cuted on the same account; and

discipline, one of the keys of the kingdom of

heaven : and they are
consentiente plcbe sacra,

not pitched upon
according to the

primitive institution of these representatives
and overseers of the Christian people, but to
be pitched upon by the minister ; and every
one who refuseth, is to be forced into this
work by the secular power of the privy
council. Which brings me to add, that the
refusing to join with the curates in discipline,
was matter of much suffering to presby-
terians. I could make it evident, that, in
several places, gentlemen and others were
pitched upon, and the episcopal minister is
not tied up from any by the act, not from
any desire that they should join with them,
but with an eye to bring them to trouble.
They knew real presbyterians would never
fall in with them ; for it had been a renoun
cing of their principles, and falling in with
the prelatical constitution. It is plain the
act of council orders a kind of ordination by
the prelatical presbytery; and a subjecting
unto this was a sort of incorporation with
the hierarchy, and a great deal more than a
simple presence at ordinances dispensed by
the curates ; and some who submitted to the
last, choosed to suffer before they would do
the first. In the former book, some instan
ces of persecution upon this account, have
been pointed at in the laird of Aikenhead s
case, and that of others ; and I might now
add James Maxwel of Williamwood, whose
sufferings will come to be narrated in the
progress of this history. A few more instan
ces of hardships upon this head, may suffice
in a case that was very general.

Even before this act was made, in the
year 1664-, John Corsbie in Easter-cotes,
in the parish of Cambuslang, was required
by Mr. Cunningham incumbent there, to
assist him in discipline ; and when he refused,
upon the general laws about conformity,
and encouragement of orthodox ministers,
he was summoned before the council ; and,
upon his noncompearance, was harassed by
messengers, with caption against him, for
many months, and forced to hide, and fre
quently to withdraw from his own house.
Robert Hamilton in Spittal, in the same

1666.

from this to Both well bridge, he could scarce
keep his own house with safety. He was
put to the horn, and his house frequently
searched and spoiled. William Alexander
and William Baird in Drips, in the parish of
Carmonnock, were fined in an hundred
pounds each, because they would not assist
the curate in discipline, in the parish of
Cathcart. Gasper Tough in the parish of
Kilmarnock, was much troubled upon the
account of his refusal to join with the curate
there. In the same town, Andrew Taylor,
wright, was fined in twenty merks,upon the
same score.

It was upon this account, amongst other
things we have heard already, that the laird
of Aikenhead, with some other gentlemen,
were confined to Inverness, Elgin of Murray,
and other places, at a vast distance from
their houses and families. And it may not
be amiss here to take notice of a letter, a
copy of which lies before me, from Mr.
John Paterson bishop of Ross, to his son,
afterwards archbishop of Glasgow, then
minister at Edinburgh. It is dated this
year, without the month. The bishop,
among other things, desires his son " to
acquaint my lord St. Andrews, that he looks
upon the temper of the country about him
to be very cloudy like. He complains of a
friendship made up between Seaforth and
Argyle, and of a change in many who pre
tended to be friends to prelacy when it was
set up. He adds, that it is certain the
westland gentlemen, who are confined to
Elgin and Inverness, have done more evil
by their coming north, by two stages, than
they could have done in their own houses :
they have alienated the hearts of many who
were of another principle before ; they have
meetings with our great folks, adds he, and
are better respected nor any bishop in Scot
land would be. He begs these gentlemen
may be recalled, that they spread not their
infection any more; and adds, they are the
staple of intelligence between the west and
north, among the fanatic party ; and desires,
that the primate may be acquainted of this,
and make his own use of it, without his
being seen in it." This letter discovers to

1666.

THE HISTORY OF THE SUFFERINGS [BOOK IT.

us, that these hardships put upon I ministers as have not obtained presentations

presbyterians, were ordered in pro
vidence for the good of their common interest.
I have many a time heard it observed, that
Mr. Bruce, Mr. Dick son, and others, their
confinement in the north, during the former
times of prelacy, was no service done to the
prelates : and those gentlemen s confine
ment, and that of several ministers since the
restoration, was of no small use to the
interests of liberty and presbytery there ;
and the good effects of their confinement
are not yet at an end, and I hope never shall.

As this council commission about discip
line was matter of trouble to not a few
presbyterians, so the other proclamations
emitted with it formerly, were a continuing
fund of distress to the ministers lately turned
out. Thus I find, towards the end of
January, at the instigation probably of the
bishop of Galloway, the council direct letters
against the reverend Mr. John Welsh, Mr.
Semple, Mr. Blackader, and others. And
that the reader may see the grounds they
went upon, and know the form of these
public citations, which in a little time turned
very common, I shall give them here from
an original before me.

" Charles, &c. To our lovits, c. greet
ing. Forasmeikle as it is humbly meaned
and shown to us by Sir John Nisbet of
Dirleton knight, advocate for our interest,
and Sir William Purvis our solicitor, agent
for church affairs, that where, notwithstand
ing of several laws and acts of parliament,
the assembling and convening our subjects
without our warrant, is prohibited and dis
charged, as a most dangerous and unlawful
practice, under the pains against such as
unlawfully convocate our lieges; and that
conventicles and unwarrantable meetings and
conventions, under pretence and colour of
religion, and exercise thereof, being the
ordinary seminaries of separation and rebel
lion, are altogether unlawful ; and by several
acts of parliament and privy council, pro
hibited and discharged; by the 1st act of
the 3d session of the late parliament, it is
declared, that the withdrawing from, the not
joining with the public ordinary meetings
for divine worship, is to be counted seditious ;
by an express clause of the said act, all such

and collations conform thereto, and all such
as would be suspended or deprived, and yet
should dare to presume to exercise the
ministry, are to be punished as seditious
persons : likeas, divers acts of parliament,
viz. the 134th of our grandfather James VI.
of worthy memory, parl. 8th, it is statute
and ordained, that no person of whatsomever
function, or degree, or quality, shall presume
to take upon hand, privately or publicly,
in sermons, declamations, or familiar con
ferences, to utter any scandalous speeches
to the reproach of us, our privy council,
and proceedings; or to meddle with the
affairs of state, or to deprave our laws and
acts of parliament or council, or to traduce
or reproach our royal estate and government,
under the pains contained in the acts of
parliament against makers or tellers of
leasings. And by the 1st act of our royal
grandfather king James, parl. 8th, Mr.
George Buchanan his book (De Jure Regni)
is condemned, as containing sundry offensive
matters worthy to be delete ; and the havers
of the said book are ordained to bring in
and deliver the same, under the pains therein
mentioned : nevertheless, true it is and of
verity, that the persons after mentioned,
viz. Mr. John Welsh late minister at Iron-
gray, Mr. Gabriel Semple late minister at
Kirkpatrickof the Muir,Mr. John Blackader
late minister at Traquair, Mr. Robert
Archbald late minister at Dunscoir, Mr.
Samuel Arnot late minister at Kirkpatrick
Durham, Mr. John Douglas late minister

at , Mr. Alexander Pedin late

minister at , Mr. William Reid late

minister at , Mr. John Wilkie late

minister at , Mr. John Oookshanks and

John Osburn in Keir, having been formerly
ministers at the respective places above men
tioned, and not having obtained lawful pre
sentations and collations, conform to the said
act of parliament ; and they or either of them
being suspended or deprived, at least pretend
ing to be ministers, and not authorized and
lawfully admitted by public authority, to any
charge within this kingdom, at least being per
sons disaffected to our royal authority and
government, and the government of the
church as it is now established by law ; and

CHAP. 1.]

in main contempt of our authority, and the
laws and acts of parliament foresaid, have,
and yet do still presume to keep conven
ticles and private meetings, and presume to
preach, and in their sermons and conference
traduce, reflect upon, and declare against
authority, and the government civil and
ecclesiastical, as it is established by law in
church and state ; and do not only withdraw
from the ordinary and public meetings for
divine worship, but do most seditiously*
by their practice and example, and by
their speeches and discourses, seduce, and
endeavour to withdraw others from the
same. And particularly the said Mr. John
Welsh does presume frequently, at least
once every week, to preach in the parish of
Irongray, in the presbytery of Dumfries,
and himself, and these who frequent his
conventicles, do convene together, armed
with swords and pistols; at the which
meetings he also baptizes children that are
brought to him by disaffected persons ; and
at some times he comes into the sheriffdom
of Ayr, especially at the latter end of July
last, and did keep a conventicle at Galston
Muir, where he baptized many children,
namely, a child of Andrew Boyes merchant
in Kilmarnock, and of Alexander Mitchel.

Likeas, the said Mr. John did keep

another conventicle at Shirraland in Plirn-
nick parish, about the 1st of November last,
where he baptized the children of James
Mowat in Kilmarnock, John Claig in Dib-
land, James Gall, and many other persons.
As also, upon the llth of July last, he kept
another conventicle in the same place, where
he baptized the children of John Chalmers,
John Dickie, and David Currie. And also
the said Mr. Gabriel Semple did keep a
conventicle at Achmannock, where, amongst
many others, he baptized a child to John
Guthrie in the parish of Newmills ; and
siklike, kept another conventicle at Labroch-
hill, in October last ; as also does frequently
ride to the country in disguise, with sword
and pistols, and calls at the houses of dis
affected persons, to see what children -there
is to be baptized, and so appoints a place
for their meeting: and this he does, not
only in the sheriffdom of Ayr, but also in
many places of the shire of Nithsdalc, within

OF THE CHURCH OF SCOTLAND.

1666.

the stewartry of Kirkcudbright.
Also, the said Mr. John Blackader
has ofttimes convened great numbers of the
parish of Glencairn, and the neighbouring
parishes, sometimes to the number of a
thousand and upwards, and continues so to
do every Lord s day ; at which meetings he
frequently baptizes the children of all dis
affected persons. And siklike, the said Mr.
Robert Archbald does frequently keep con
venticles and meetings in several places, and
thereat did baptize children. As also, the
said Mr. Alexander Pedin did keep a con
venticle at Ralston, in the parish of Kilmar
nock, about the 10th of October last, where
he baptized the children of Adam Dickie,
Robert Lymburner, and many others ; as
also kept a conventicle in Craigie parish, at
the Castle-hill, where he baptized the children
of William Gilmor in Kilmarnock, and
Gabriel Simpson, both in the said parish,
and that besides twenty-three children more ;
both which conventicles were kept under
cloud of night, with a great deal of confusion:
as also the said Mr. Alexander rides up and
down the country with sword and pistols,
in gray clothes. And also, the said Mr.
John Crookshanks does not only frequent,
keep, and hold conventicles, contrary to the
foresaid laws and acts of parliament, but
does avowedly keep by him that book called
Buchanan De Jure Regni, which he has trans
lated out of Latin into English, intending
thereby to infuse and poison the people
with treasonable and seditious principles,
contained in the said book. As also, the
said John Osburn does presume to take
upon him to be an officer for giving notice
to the people of the said unlawful meetings,
and accordingly, from time to time, doth
acquaint them herewith. By which whole
deeds, generally and particularly above
written, the said persons, and each one of
them having incurred the pains and penalties
prescribed by the laws and acts of parliament
above specified, which ought and should be
inflicted upon them, to the terror of others
to commit the like in time coming : our will
is herefore, and we charge you straitly, and
command, that incontinent, thir our letters
seen, ye pass, and in our name and authority
command and charge the persons particularly

6 THE HISTORY OF

above complained upon, at the
* market cross of Kirkcudbright,
Dumfries, market cross of Edinburgh, pier
and shore of Leith, in regard they are latest,
and keep themselves out of the way, that
they may not be apprehended, and have no
certain constant residence or dwelling, but
do travel and walk up and down the country
from place to place ; to compear personally
before the lords of our privy council, at
Edinburgh, or where it shall happen them

to be for the time, the day of

to answer to the premises, and to hear and
see such order taken thereanent, as apper
tains, under the pain of rebellion, and put
ting of them to the horn : with certification
if they failzie, our other letters shall be
direct, to put them simpliciter thereto. And
siklike, that ye charge the witnesses under
written, not exceeding the number of ten

persons to compear personally before

our said lords, the said day and place, to
bear leel and soothfast witnessing, in so far
as they know, or shall be spiered at them,
in the foresaid matter, under the pain of
rebellion ; with certification to them in man
ner above written. The whilk to do we
commit to you conjunctly and specially
our full power, by thir our letters, delivering
them by you duly execute, and indorsed
again to the bearer. Given under our signet,
at Edinburgh, the 25th day of January, and
of our reign the 18th year, 1666.

" Ex deliberatione dominorum secreti
concilii,

" PET. WEDDERBURN."

Those letters were formed upon informa
tions taken at random, and therefore must
not be reckoned proof of matters of fact
advanced in them ; and what I remark here
would be carried along by the reader, to
many of the general charges against suffering
ministers, and others which follow : such of
them as could with safety appear, disproved
most of what was informed against them.
In the case before us, I only notice, that it
was a falsehood here insinuate, that Mr.
Welsh, or any of those reverend ministers
preached or declared against the king s
authority. Such declarations were yet
strangers in Scotland for many years : when

THE SUFFERINGS [BOOK II.

and how they came in, will afterwards come
to be declared.

About this time the council come to some
good resolutions against quakers and papists,
who, as hath been observed, increased
mightily since the overturning of presby-
terian government in this church. We have
seen, that a good while ago orders had been
given about them, and letters writ to the
bishops ; and, February 1st, the council agree
to the report of the committee made that
day, and renew their appointments on the
clergy. The substance of what I find in the
registers, is, " that excommunicate quakers
be proceeded against conform to acts of
parliament : that in order to a libel s being
formed against Andrew Robertson, and
Anthony Haggat, quakers in prison, orders
be direct to such ministers as can bring in
information against them, to bring in the
same to the king s advocate ; and that
particularly Mr. Thomas Donaldson bring
what informations, writings, books, or papers
they have anent the said quakers, or any

others : that Radburn, and Charles

Ormiston, merchants in Kelso, be brought
in prisoners to Edinburgh."

" As to papists, that the laws and acts
made against them be put in execution ; and
in order thereto, that a list of the whole
papists be taken up by the minister in every
parish, and an account given who are excom
municate, who not, who have interest in the
parish, and who are vagrant and trafficking
papists; that the lords archbishops recom
mend it to the bishops, that they cause the
minister of every parish, or moderator of
the presbytery where churches are vacant,
to send in their lists with all diligence :
that the magistrates of Edinburgh search
after any meetings kept by papists in Edin
burgh, Canongate, or any of their liberties,
and delate their names to the council : that
a list of all excommunicate papists be given
to the lords of session, that they may affix
in the most patent place a roll of their
names, that they may be debarred from
defending or pursuing any cause before
them."

All this, as far as I can find, came to
nothing ; quakers and papists still increased,
and it was only presbyterians whom the

CHAP. I.]

clergy were in earnest about, during thi
reign, and they are borne down with thi
greatest violence. Thus, upon the 8th o
February this year, the council emitted a
proclamation against a book published b}
one of the banished ministers in Hollanc
last year, intituled, an " Apolegetical Relation
of the Particular Sufferings of the Faithfu
Ministers and Professors of the Church o
Scotland, since August 1660." I have added
it in a note.* This book is ordered to be
burnt by the hand of the hangman, in th
High Street of Edinburgh. All who have
any copies are ordered to give them up to
the next magistrate by such a day; anc
after that, if any have them in their pos
session, they are to be fined in two thousand
merks. This method, now so common, did
not answer the end proposed, for people
ran the more greedily after such prohibited
books ; but the managers who could not
permit their evil works to be brought to the
light, and were not in case to answer plain
matter of fact, had no other way but this of
the papists left them,

OF THE CHURCH OF SCOTLAND.

* Proclamation against the A.pologetical Nar
ration, February 8th, 1660.

The lords of his majesty s privy council, con
sidering that by divers ancient and laudable laws
and acts of parliament, and particularly the 10th
act, 10th parl. the 134th act, 8th parl. of king
James VI. of blessed memory, and by several
other laws and acts, the authors, printers, ven
ters, or disposers of infamous and scandalous
libels, are punishable by death, confiscation of
moveables, and divers other high pains and
punishments; and the said lords being informed,
that there has been a pamphlet, of the nature
foresaid, imported, "an Apologetical Narration
of the Suffering Ministers of the Kirk of Scot
land, since August 1660," which is printed and
dispersed into several parts of this kingdom ;
and upon examination and perusal thereof, is
found to be full of seditious, treasonable, and
rebellious principles, contrived of purpose to
traduce the king s authority and government,
the proceedings of the late parliament, and the
king s privy council, contrary to the truth of
the protestant religion, as it is profest within
this kingdom, and established by law; and there
by to seduce the lieges from their allegiance and
obedience, find to strengthen the disaffected in
their rebellious principles, tenets, and practices.
Therefore, and to vindicate the honour of this
kingdom, and to witness and declare, that such
principles and tenets, as are contained in the said
pamphlet, are detested and abhorred by them,
as treasonable and seditious, and are contrary to
the laws of this kingdom, and destructive to the
king s authority and prerogative royal, under

1666.

The same day I find Ram
say, relict of the reverend Mr. James
Guthrie, and Sophia Guthrie her daughter,
are brought before the council, merely be
cause the foresaid book was found in their
custody, although as yet no law was against
it ; and one needs not wonder they should
have a book in their hands, which gives so
just an account of so near a relation of theirs
as Mr. Guthrie. Upon their refusing to
declare upon oath, what they knew as to the
author of the book, and to discover from
whom they received it; the council sentences
them both to be sent to Zetland, there to
be confined during pleasure, and to be kept
close prisoners till they were sent there.
The next council-day, March 2d, I find the
members so sensible of the harshness of this
sentence, that upon a petition presented
from those two gentlewomen, craving their
confinement may be altered to some place
upon the continent, the matter is referred
to the commissioner, to do as he finds
cause.

In the beginning of this year, presbyterian

which this kingdom hath nourished for many
iges, and that they may show how much they
ibominate such tenets and principles, they ordain
hat upon the 14th day of February instant, the
said pamphlet be publicly burned on the High
Street of Edinburgh, near to the market-cross,
y the hand of the hangman ; and that all
mvers of any of the said pamphlets, residing
jesouth the -water of Tay, shall bring in and
leliver the same to the sheriffs of the respective
hires, or their deputes, to be transmitted to the
lerk of privy council by them, betwixt and the
ast day of February instant ; and benorth the
aid water, betwixt and the 21st day of March
lext : with certification, that if thereafter any
>erson of whatsomever degree, quality or sex
hey shall be of, shall have any of the said
31 inted copies in their custody or possession,
hat they shall be liable in payment of the sum
f two rhousand pounds Scots money, to be
xacted without any favour or defalcation. And
urther, if they or any other person shall be
ound hereafter to be contriver, abetter, or
ssister to the making up, printing, publishing,
r dispersing of the said seditious pamphlets,
hat they shall be proceeded against as authors,
rinters, importers, venters, or dispersers of
editious and infamous libels, and all pains and
enalties made against them, shall be inflicted
vithout mercy ; and ordain the magistrates of the
own of Edinburgh, to cause burn one of the
opies of the said pamphlets, in manner foresaid ;
rid these presents to be forthwith printed and
ublished at the market-cross of Edinburgh,
ml other places needful, that none pretend
jnorance.

8

ministers

THE HISTORY OF THE SUFFERINGS
had

some connivance,

1666.

and were permitted to live in their

hired houses, when turned out of their livings.
The call of the importunate multitude, was
not yet so great as afterwards, and generally
they only preached to their own families, and
a few neighbours who now and then stole into
their houses. Field preachings, unless it
were in some few places in the south, where
the people would not hear the curates, were
but very rare. The meetings of the epis
copal ministers in cities and towns, except
where they were openly profane and vicious,
were as much frequented as they could well
expect. Indeed evils grew among them, and
their impertinent and reproachful sermons,
their open share in the cruelties and op
pression, which we shall hear of, with their
lewd lives, quickly after this altered matters.
At this time, if they could have been satisfied
with the numbers of hearers they had,
many thought they might have enjoyed their
churches longer than they did: but they
would have as throng churches, as the
presbyterian ministers formerly had ; and if
regard to their persons and sermons could
not procure hearers, it is resolved, terror,
force, and fear shall.

Mr. Alexander Burnet, at this time arch
bishop of Glasgow, was the great manager
of the west country persecution, and the
better in case for this, that last year he was
admitted a privy counsellor. To give every
man his due, he was certainly one of the
best morals among the present clergy ; yet
his Simoniacal compact for his regress to his
bishopric, after he had been turned out, as
we may hear, was but little for his reputa
tion. He was a mighty bigot for the Eng
lish ceremonies and forms, and as forward
to have all the usages of that church intro
duced to Scotland, as if he had been educated
by bishop Laud; yea, to have his fancy
pleased with these pageantries, he could
have almost submitted to the old claim of
the see of York over the church of Scotland.
At his first diocesan meeting, he put five or
six of his curates publicly in orders after the
English pontifical to inure the west of
Scotland to these novelties. To make good
the remark I formerly made, that imposition
in matters of religion goes hand in hand with

[BOOK II.

oppression in civil matters; and prelacy and
popery in Scotland, pave the way for slavery :
he was so grievous an oppressor of the city
of Glasgow, that the greatest malignants, as
the friends of prelacy in Scotland were
formerly called there, were obliged to pro
test against his encroachments upon the
magistracy in that city. He turned out
several of the presbyterian ministers, who
had been connived at in their charges before
his accession; such as Mr. William Hamilton
minister at Glasford, in the shire of Lanark,
and others. His underlings, especially those
consecrated according to the foreign forms,
were vigorous instruments in helping forward
his cruelties and oppression of the country ;
and many of the severities this year, were in
the bounds of his archbishopric.

This spring Sir James Turner makes a
third visit to the presbyterians in the west
and south, and it was the severest visitation
they yet felt. Now the curate, with two or
three of Sir James s soldiers, fined whom
they pleased, and made their exactions as
large as they would. Their severities the
former years were mostly upon the common
people; but now the gentleman must pay,
if his lady, servants, or tenants, were not
exact in their attendance on the incumbent s
sermons. The tenant must be oppressed if
his landlord withdrew, though he and his
family attended closely. The widow, the
fatherless, the old and infirm, are not spared ;
the poor must beg to pay their church fines.
The meat is snatched from the innocent
children s mouths, and given to the soldiers
pleasure dogs. Many houses were quartered
upon, till all the substance was eaten up,
and then the furniture is sold or burnt.
Thus multitudes of poor families were scat
tered, and reduced to the last extremity.
If any complained to the officers, of the
illegal and barbarous procedure of their
soldiers, they were beaten ; if to the states
men, they were neglected. It was said,
some of our noblemen at this time, were so
far wearied of the merciless methods of
the prelates, that they appeared very little
careful how odious they rendered themselves.
Indeed, if the bishops were formerly hated for
their perjury and profaneness, every merciful
and ingenuous man now loathed their cruel

CHAP. I.]

and unrelenting temper ; and their own prac
tices did them a great deal more hurt than
all the field-meetings, and preachings, in
houses privately, were capable of doing. In
a few weeks the curates and soldiers gath
ered upwards of fifty thousand pounds Scots
from the west country, precisely for their
nonconformity. The prodigious sums ex
torted in the south of Scotland about this
time, are set down in Naphtali, and I shall
not resume them here : only the reader who
hath time to bestow upon those things, will
find a letter from a person of good note in
the south to his friend at Edinburgh, with
an annexed account of the general sums,
and particular instances of oppressions. I
have some ground to think the paper I have
may be an original, taken by a worthy person
employed to draw this account from the
particular parishes ; and so I have annexed
it, as that from which the account in Naph
tali is perhaps taken.*

OF THE CHURCH OF SCOTLAND.

9

1666.

* Letter from a gentleman in Galloway.

Sir,

Your desire to know the present condition of
this afflicted country, hath offered me occasion
to procure you some account of the grievous
sufferings of several parishes, especially within
the stewartry of Galloway, upon the account of
not submitting to the government of prelacy,
and such preachers as are thrust in upon them
by it. Sir, any thing I can say here, is but a
hint in comparison of what might be found
upon a more full search; yet the little view
that is given you here, 1 suppose is well
instructed from the particulars of every family
and person who suffered in these parishes,
though (for shortness) I have sent you only the
sum of the whole in each parish. Truly, Sir,
though I be no fanatic, nor favourer of fanati
cism, yet I cannot but be deeply affected, not
only RS a Christian, but as a man and member
within this kingdom; for these things that are
fallen out here, seem to import, not only the
breaking of some of that party called fanatics,
but the quite undoing of a considerable part of
this kingdom, and putting them out of all
capacity to be serviceable in the necessary
defence of the rest, against the invasions of a
foreign army, when we are so often threatened :
for in these bounds generally all men (without
difference) are disobliged, and discouraged from
doing any service in that sort, if there should be
occasion offered, I wish a due impression upon
you also, and every one who minds the general
good of the land, and chiefly our rulers, upon
whom are the managing of affairs under his
majesty, that remedy might be found out for
preventing the weakening and destroying our
otvn selves, especially now when we are in haz
ard from our enemies abroad : but it is a sad mat
ter that no man dare represent his grievances or
complain of wrongs done to him or his interests,
IT.

Another kind of fines exacted this
year, to complete the misery of the
poor country, were those imposed by Middle-
ton, in his second session of parliament, of
which above : the payment of those was
suspended from time to time, till Middleton
was turned out. A little after, as we have
seen, they were divided into two moieties,
and a day assigned for the payment of the
first. Some who were able, and well in
formed of the hazard of delays, paid the first
share, and got their discharge; but a good
many others did not. At length a procla
mation comes out, ordering all to pay the

whole fine imposed against the day of

this present year ; and the council remit it
to the commissioner the earl of Rothes, to
take his own way to collect the fines. His
method was this : the troopers of the king s
guard are ordered to different parts of the
country, especially in the west and south,
where most of the fined persons were, with

lest he be ill looked on, and put himself in
hazard of greater sufferings, as several here have
found by sad experience, for complaining to the
commanders. The first ot these sufferings was
begun the year 1663, about mid May, when the
forces came into Dumfries and Kircudbright.
The second was in the year 1G65, when the
party, horse and foot, came in under the com
mand of Sir James Turner. The third was in
this present year 1666, about the month of
March, or beginning of April, when the party
came in under the command of the said Sir
James Turner, who yet continues in the coun
try. At the first two times, the stewartry of
Galloway mainly suffered by them, but in this
last expedition, not only Galloway, but also the
sheriffdom of Nithsdale hath suffered, (of both
which I have sent you a short account here
enclosed.) First, as to their grievous exactions
from that people, who were but poor before this
time, in comparison of other parts. Next, you
will find some instances of several of the soldiers
inhuman, and also atheistical deportment, in
these bounds. I could have sent you likewise
account of many stumblingblocks the people
have from their present preachers, whom they
call curates, both as to their abrupt entry, and
contrary their consent; and as to the light and
unsober conversation (of the most part of them)
wherever they come, as also their insolent and
unbeseeming carriage in pulpit : but I forbear in
this, lest 1 trouble you with tediousness, there
are so many instances of this sort; and it is
needless, seeing they are so notour to all men in
these bounds: only (to make you laugh) I must
add one, before I proceed, which is certain.
One of these called curates, on a certain Sabbath,
inveighing against his people that they did not
keep the kirk, he threatened them after this
manner, " God nor I be hanged over the balk of
that kirk ;" and at another time, " God nor 1 bo

10

THE HISTORY OF THE SUFFERINGS

1666.

lists of those from whom they were
to uplift such and such sums. The
gentlemen of the guard were commanded to
take free quarters in the houses of all in their

hanged over this pulpit, but I shall gar you all
;ome in from the highest to the lowest." By
these things, you may easily guess if these men
be fit to travel in the weighty work of the
ministry, or that they can either gain love or
authority among the people, for all the business
that is made to bring them to subjection. Sir,
I hope you will not question but 1 am a lover
of his majesty s interest, and the country s good,
having giving some proof of this in former times;
but considering the carriage of these men, and
of them who are employed at this time to bring
the people to conformity, I am far mistaken if
either the one or the other be fit instruments
for persuading others to their duty either to
God or man ; yea, I am apprehensive that the
way which is taken, shall prove a mean of
strengthening that people in their former prin
ciples, and rendering episcopacy, bishops, and
such preachers, more hateful to them than ever
before, rather than bring them to a cheerful
submission ; and others who shall hear of the
very deplorable case of this country, cannot but
be induced both to compassionate them, and also
grow in more dislike of the course now carried
on. And to speak the truth, it seems, there
could not have been a more expeditious way
found out for weakening that cause of confor
mity, and strengthening that cause of those who
now suffer; yea, I dare say, it hath done as
mucli to this purpose, if not more, than all the
preachings on the hills and in houses, by the
casten out ministers. This people are weakened
in their estates indeed, but confirmed in their
opinion. It is palpable that the intended con
formity cannot be gained by such extreme
dealing, but rather marred; and will not the
report of this rigid dealing, (which cannot be
hid) have influence upon all those of their
judgment, to alienate them the more from the
course ? I confess, this consideration is like to
have little weight with some covetous soldiers,
(employed here) assuming to themselves an arbi
trary power to prey upon a desolate people for
their own private gain : but I expect that judi
cious and unbiassed men, who tender the good
of the country, and his majesty s interest therein,
will lay this to heart, and take their best way to
represent it to our rulers, for remedy in the
matter, and moving their compassion toward a
poor people, that have few to speak for them.
Sir, I shall detain you no longer from reading
this enclosed relation, but tendering my respects
to your wife, I rest,

Sir,

Your humble servant.

Follows that brief relation of this country s
sufferings, which J promised you in my letter,
wherein this is enclosed, in which you have set
down, 1. The enumerate sums of money. 2.
Some general aggravations. 3. Some particu
lar instances.

1. The parish of Carsfairn, forty-
nine families, in that called
kirk-fines, has suffered the

loss of

L.4,864 17 4

[BOOK n.

lists, till they had paid to the utmost farthing.
With these severe orders, a new snare was
added further to corrupt the country ; any
who would take the oath of supremacy, and

6,450
425

Bl

2,062
525
773

2. In the parish of Dairy, forty-

three families, . . L.9,577

3. In Balmaelellan, forty-nine

families,

4. In the parish of Balmaghie,

nine families,

5. In Tungland parish, out of

two or three poor families,

6. In Twynam parish, from

some poor persons,

7. In Borg parish, out of twenty

families,

8. In Girton parish, out of nine

poor families,

9. In Anwith parish, from some

poor families,

10. In Kirkpatrick-durham par

ish, out of thirty-four
inconsiderable families,

11. In Kirkmabreck parish, some

few families,

12. In Monygaff, three families,

13. In Kirkcudbright, eighteen

families,

14. In Lochrutton parish, out of

thirty-seven poor families,
notwithstanding they want
a minister

15. In Traquair parish, twelve

poor families,

16. In Kells parish,

17. In Corsmichael parish,

18. In Parton parish, from

twenty-four families,

19. In Irongray parish, forty

two families,

6 8

10 4

11 8

12 8
4

17 4

10 4

6 4

2,235 16

563
600

6

2,590

2,080

756
466
1,666

2,838
3,368

10

13 4

13 4

9 4

18 8

In the sheriffdom of Nithsdale, or
Dumfriesshire,

1. In the town and parish of

Dumfries, from fifty-one
families, was exacted the
sum of . 4,617 15 4

2. In the parish of Kirkmaho,

from twenty poor families, 1,341 6 5

3. In Dunscore parish, from

fourteen families, . . 1,411 13 4

4. In Glencairn parish, from

families, . . 2,146 14 8

The total of these sums extend to L.51,575 13 4

Besides all these abovenamed sums, which
are instructed in every particular parish,

1. There are six or seven parishes in the
stewartryof Galloway, and fourteen iu the sher
iffdom of Nithsdale, of whom I have received
no particular account as yet, but you may judge
the lion by his paw.

2. Besides the sums abovenamed, it is to be
considered, that the great expense of quartering
is not received in the most part of the parishes
abovenamed, which would make a great addition
to the former sums; but it cannot well be
counted.

3. Besides that which they have gotten out

CHAP. I.]

subscribe the declaration openly in any court,
had the half of the fine remitted, as had
been concerted last year; and such who had
no latitude for those, must have the whole
enacted with the utmost rigour. Through
the west and south, multitudes were obliged
to pay the whole, yea much more. Noble-

OF THE CHURCH OF SCOTLAND.

11

already, there are several parsons that have not
got their fines, and others their cess-money, as
yet paid ; but is to be exacted.

4. That several of the poor people (through
fear) have given out divers times buds and bribes
in money and other things, to some officers
and soldiers, for keeping cess and quarter off
them, which notwithstanding profited little or
nothing.

5. That all these forementioned sums are,
by and attour all the fines, imposed by the state,
which, within the stewartry of Galloway, upon
ninety-one persons, extends to the sum of
.47,860; and in the sheriffdom of Nithsdale,
upon forty-one persons, extend to .29,260 ;
which being laid together, the parliament fines
within the stewartry of Galloway, and sheriff
dom of Nithsdale, extend to 77,120; and that,
besides the expenses of cess and quarter for
the flues themselves, for several persons, was
put to pay near as much more cess as their fines
came to besides quarter.

6. That by and attour all the foresaid losses,
there are many families ( whose sums are not
here reckoned) in probability totally ruined,
and many others scattered already; for instance,
in Lochrutton, a little parish, I find to be reckon
ed to be above sixteen familes utterly broken.
In Irongray parish, the most part of the families
put from house-keeping already, the soldiers
having violently taken away, both there and
elsewhere, from several families, the thing they
should have lived on, even to the leading away
of their hay-stacks. I forbear to set down the
rest of the broken and ruined families, until 1
can give you a more distinct account : only I
can tell you in the general, that utter ruin, to
the most part of the families in this country, is
like to be the consequence of these grievous and
intolerable impositions ; and also, to my certain
knowledge, there are several gentlemen who
formerly were well to live, that are now put
from house-keeping, and forced to wander ; yea,
ofttime to be beholden to others for a night s
lodging, the soldiers having possessed themselves
in their houses, cattle, plenishing, barns, &c.

7. Ordinarily, wherever they come to quarter
they do not rest content with sufficiency, but
set themselves to waste needlessly; at some
times send for sheep off the hill, and cast, whole
bulks of them to their hounds and ratches : also
by treading and scattering corn and straw, they
and their pedies at their pleasure, and usually
saying, We came to destroy, and we shall destroy
you.

8. They have this for an ordinary use, that
when they have eaten up the master or landlord,
they fall next upon the poor tenants to eat them up
also ; yea, though they were never so conformed
to hearing, &c. whereof I could show many
instances, which I cannot for shortness. Also
in other places, when they have consumed the

1666.

men, gentlemen, and commons,
when the troopers came to their
houses, if they had not the money, went
presently and borrowed it, and gave it them :
but this was not all, they must go to Edin
burgh, and report their discharge, and when
there, satisfy the troopers over and above.

tenant, they have fallen upon the landlord; this
they did in Kirkmahoe upon a gentleman, who
(for ought I know) conforms all the length
they press him to as yet.

9. It is observed every where in that country,
that these who have conformed, and are obedient
to the laws from the beginning, and others who
have conformed of late, do no less suffer than
those who hold out to the last: yea, some in
several parishes, who have given subjection to
what is demanded, have suffered more than
some who have given none, which has produced
an universal discontent and outcry in this coun
try ; and many husbands here who yield obe
dience to the full length, are punished by fining,
cess, and quarter, for their wives not obedience;
and ye know, Sir, that is sad, for there are
many wives who will not be commanded by
their husbands in lesser things than this; but I
must tell you that this hath occasioned much
contention, fire, and strife in families, and
brought it to this height, that some wives are
found to flee from their husbands, and seek a
shelter elsewhere, and so the poor goodman is
~ubly punished for all his conformity.

10. It is specially to be considered, that
besides all which this country hath suffered
hitherto, the soldiers are sent forth through the
country again, and fine, cess, and quarter is
imposed of new upon the same persons and fami
lies who were fined before, yea, upon some it is
doubled and trebled. I have lately heard that
some yeomen are fined in five hundred merks,
besides, the gentlemen in six or seven hundred
pounds. I cannot see what shall be the fruit
of these things, except utter ruin to their
worldly estates.

11. That all the papists that are in this
country, none of them are troubled, except it be
very few, and these inconsiderable persons, who
are fined in some feckless thing for the fashion.

12. Wherever the soldiers come to quarter,
they ordinarily hinder, or else interrupt the wor
ship of God in families, by their threatenings
and blasphemous expressions; yea, the pool-
people are so straitened that scarcely they have
liberty to call on God in secret places, but they
are punished by those mon, and cruelly mocked,
to the constant grief, vexation, and disquiet of
those upon whom they are quartered.

13. Notwithstanding of all these impositions
upon that people, and aggravations of their
sufferings above mentioned, yet the people are
commanded to take a bond, wherein (besides all
ihe particular obligations required in that bond)
is contained an acknowledgment, that the com
mander of that party has dealt civilly and
discreetly with them.

The particular instances which follow in tho
autograph are not inserted, because they are
iretty much evinced with those already printed
n Nuphtall.

THE HISTORY OF

This was called riding-money ; and
sometimes the riding-money was as
much as the fine itself to the common sort.
No excuse was sustained, but the taking
the foresaid oath, and the subscribing the
declaration before the day prefixed in the
proclamation. This few complied with, as
contrary to their principles and conscience :
so that the uplifting of these fines, as well as
those for precise nonconformity, was un
doubtedly persecution for conscience sake, as
well as a most arbitrary and illegal imposition
in its own nature. Some offered to abide a
trial at law, as being free from all acts of
rebellion, which, as we have heard, was the
pretext of the imposing the fines, and to re
nounce all benefit by the king s indemnity.
This seems indeed to be allowed in the act of
parliament, but would not be received by the
soldiers ; all must pay. Such who could
neither entertain the troopers, nor command
the money required of them by the act of
fines, were straightway haled to prison, where
not a few lay a considerable time at the king s
charges: and so great was the poverty many
were reduced to by such measures, that the
troopers, when they met with a beggar in
their way, would ask in a jest, if he were
fined. Most part of the sums imposed by
the parliament were fully exacted; and for
them I refer the reader to the list given in
the first book. I find discharges under Sir
William Bruce s hand, for the payment of
six hundred pounds by Alexander M Tier
merchant in Stranraer, and Patrick Ken
nedy late provost there, yet remaining, of
the date of April 1666. And that the
reader may see their form, I have insert a
copy of Sir William s discharge to Walter
Stuart in Linlithgow, a pious and good
gentleman, father to the present W T alter
Stuart of Pardivin, from the original com
municated to me by the last named worthy
gentleman.

" I Sir William Bruce of Balcaskie knight,
clerk to the bills, and by the king s
special warrant appointed his majesty s
receiver of the fines imposed by the
parliament assembled at Edinburgh the
9th day of September, 1662 years,
grant me by thir presents to have re-

THE SUFFERINGS [BOOK II.

ceived from Walter Stuart in Linlith
gow, the sum of six hundred pounds
Scots money, and in complete payment
of the second half; and in full and
complete payment of his whole fine
laid on him by the said parliament, and
discharge him thereof: consenting thir
presents, &c. In witness whereof I
have subscribed thir presents at Edin
burgh the 5th day of March, 1666,
before thir witneses, &c.

" W. PRUCE.

" JAMES KENNOWAY, witness,

" ROBERT STUART, witness."

Vast were the sums exacted at this time ;
and the collector of the parliamentary fines,
though formerly a person of a broken fortune,
came to buy an estate, and build a sumptu
ous house. Our managers thought to have
divided these spoils among themselves; each
party, when in power, looked on them as
theirs ; first Middleton and his dependants,
who imposed them, and then Lauderdale
and his party, who uplifted them : never
theless, both missed their aim, and bishop
Sharp outwitted them both; and within a
little, they were by the king s orders applied
to the payment of the army, we shall hear,
was raised at his instance.

When things are thus ripening very fast
towards confusions in the country, the pri
mate posts up to court, and must have his
hand in bringing matters to an open rupture.

* Some particulars of this visit of the primate
to London, that seem to have been unknown to
our author, are related by Burnet, and are too
characteristic to be passed over here. " The
truth is," he remarks, " the whole face of the
government looked liker the proceedings of an
inquisition than of legal courts : and yet Sharp
was never satisfied. So lord Rothes and he went
up to court in the first year of the Dutch war.
When they waited first on the king, Sharp put
him in mind of what he had said at his last
parting, that if their matters went not well,
none must be blamed for it but either the earl
of Lauderdale, or of Rothes : and now he came
to tell his majesty that things were worse than
ever, and he must do the earl of Rothes the
justice to say, he had done his part. Lord
Lauderdale was all on fire at this, but durst not
give himself vent before the king. So he only
desired that Sharp would come to particulars,
and then he should know what he had to say.
Sharp put that off in a general charge, and said
he knew the party so well, that if they were not

CHAP. I.]

The high commission was now dissolved,
and in room of that, some other method
must be fallen upon to advance his odious
designs. No way was now left, but that of
violence, which was not disagreeable to his
haughty and proud temper. Accordingly
he proposeth a standing army in Scotland,
to bear down presbyterians, and cut their
throats, when many of them were now im
poverished as much as was possible : at
least he hoped, this would force them to
extremities, and then, under the colour of
law, he would see his desire upon them-
The king is prevailed upon to fall in with
his proposal, and gives orders to levy an
army for guarding the prelates, executing
arbitrary commands, and suppressing the
fanatics. Thomas Dalziel of Binns is made
general, a man naturally rude and fierce,
who had this heightened by his breeding
and service in Muscovy, where he had seen

supported by secret encouragement, they would
have been long ago weary of the opposition they
gave the government. The king had no mind to
enter further into their complaints. So lord
llothes and he withdrew, and were observed to
look very pleasantly upon one another as they
went away. Lord Lauderdale told the king
he was now accused to his face, but he would
quickly let him see what a man Sharp was.
So he obtained a message from the king to him,
of which he himself was to be the bearer,
requiring him to put his complaints in writing,
and to come to particulars. He followed Sharp
home, who received him with such a gayety
as if he had given him no provocation. But
lord Lauderdale was more solemn, and told him
it was the king s pleasure that he should put
the accusation with which he had charged him
in writing. Sharp pretended he did not com
prehend his meaning. He answered, the matter
was plain, he had accused him to the king, and
he must either go through with it and make it
out, otherwise he would charge him with
leasing-making, and spoke in a terrible tone to
him. Upon that, as he told me, Sharp fell a
trembling and weeping ; he protested he meant
no harm to him; he was only sorry that his
friends were upon all occasions pleading for
favour to fanatics (that was become the term
of reproach). Lord Lauderdale said that would
not serve his turn : he was not answerable for
his friends except when they acted by directions
from him. Sharp offered to go presently with
him to the king, and to clear the whole matter.
Lord Lauderdale had no mind to break openly
with him. So he accepted of this, and carried
him to the king, where he retracted all he had
said in so gross a manner, that the king said
afterwards, lord Lauderdale was ill-natured to
press it so heavily, and to force Sharp on giving
himself the lie in such coarse terms.

" This went to Sharp s heart ; so he made a
proposal to f.he earl of Dumfries, \vlio was a

OF THE CHURCH OF SCOTLAND.

15

little but the utmost tyranny and j 66g
slavery.* Wm. Drummond, brother
to the lord Madertie, a person some more
polite, and yet abundantly qualified for the
work in hand, being many years in the
Muscovite service with the former, was
made lieutenant-general. Two regiments of
foot, and six troops of horse, are raised.
The first is given to the general, the
other to the lord Newburgh; the troops
are bestowed on duke Hamilton, earls of
Annandale, Airly, Kincardine, and others.
Those, with the guards, and the earl of
Linlithgow s regiment, made up about three
thousand foot, and eight troops of horse,
a sufficient number to serve the prelates
violent designs. All were ordered to obey
the general, without asking questions : and
this army is to be maintained from the fines
collected, and to be collected, and the
general is to count with the exchequer for

great friend of the lord Middleton s, to try if a
reconciliation could be made between him and
the earl of Rothes, and if he would be content
to come into the government under lord Rothes.
Lord Dumfries went into Kent, where the
lord Middleton was then employed in a military
command on the account of the Avar, and he
had Sharp s proposition laid before him. The
earl of Middleton gave lord Dumfries power
to treat in his name, but said, he knew Sharp
too well to regard any thing that came from
him. Before lord Dumfries came back, Sharp
had tried lord Rothes, but found he would
not meddle in it ; and they both understood
that the earl of Clarendon s interest was
declining, and that the king was like to change
his measures. So when lord Dumfries came
back to give Sharp an account of his negotiation,
he seemed surprised, and denied he had given
him any such commission. This enraged the
earl of Dumfries, so that he published the thing
in all companies; among others, he told it very
particularly to myself." Burnet s History of
his Own Times, pp. 811, 312.

The above is an exceedingly graphic descrip
tion of these parasitical plunderers, who were
alike faithless to God, to their king, and to one
another. Ed.

* This barbarous tool of tyranny, so much
celebrated for his loyalty, was descended from
the family of Carnwath, and born about the
year 1599. He appears to have been bred to the
military profession, and was a staunch adherent
to Charles I. for whom he commanded at
Carrickfergus, in Ireland, and was there taken
prisoner in the year 1650. The following year
he was made prisoner at the battle of Worcester,
and carried to the^Tower, whence he made his
escape and fled to the continent, after which his
estates were forfeited, and he was exempted from
the general act of indemnity. He was recom
mended by Charles II. for his eminent courage
and fidelity to the king of Poland, and by the

66.

every farthing of them,
scheme is laid above.

THE HISTORY OF THE SUFFERINGS [BOOK II.

Thus the late troubles within this kingdom, no scholars
were admitted to colleges or universities to

The war with the United Provinces con
tinuing, as likewise with Franco and Den
mark, upon the 8th of June the council
issue a proclamation for a fast ; which, being
much in the same form we have already seen,
I do not insert. It was penned by the
bishops, and has this remarkable turn in it.
" We having great and eminent experience
of the assistance of Almighty God, whose
protection and favour, after keeping a solemn
day of fasting and humiliation, we have
implored, and upon this great occasion, find
ing that the renewing of the same may move
Almighty God to continue his favour."
Which some at that time thought too great
a compliment paid to the last fast, consider
ing the nature of the victory obtained, as
also to this, which was observed the second
Wednesday of July, in the south, and the
third Wednesday, in the north side of the
water of Esk.

At the same diet the council are impor
tuned by the bishops, to do something further

in order to corrupt the youth.
I find this act in their books.

Accordingly

M The lords of his majesty s privy council
considering, that before the beginning of the

receive degrees, or the name of the master
of arts, till they first took the oath of
allegiance, and that the practice of that
necessary duty, hath not for many years
been in observance ; yet it may be of most
dangerous consequence, that any should be
admitted to receive degrees, whereby they
may be fitted and qualified to serve in church
or state, except they be such as are content
to give evidence of their loyalty : wherefore
the said lords have discharged, and hereby
do discharge all masters, regents, and teach
ers in universities and colleges, to laureate,
or admit to degrees, any of their scholars,
till first they take the oath of allegiance:
and recommend it to the archbishops and
bishops to see this act receive due obedience
within their respective bounds." Remarks
have been made formerly upon acts of this
nature; and I shall only now add, that I
can find no instances of this oath s being
imposed in Scotland, but when prelacy was
in the church.

Upon this encroachment upon universities,
I may add another upon the royal burghs.
Upon the 13th September, the council send
a missive to the town of Ayr, signifying, it

Czar of Muscovy, under whose banner he fought
against the Turks and Tartars, was promoted
to the rank of general. After the restoration,
he returned to his native country, bringing
along -with him honourable testimonials of
bravery and good conduct in his Turkish and
Tartar campaigns, and was thus early selected
to enforce the sanguinary decrees by which it
was attempted to establish prelacy in Scotland.
He was a man eminently qualified for the
service, being relentless, and cruel in the highest
degree ; abundant instances of which the reader
will meet with in the course of this history.
The following is a portrait of this beau ideal of
modern toryism, drawn evidently by one who
was his admirer :

" He was bred up very hardy from his youth,
both in diet and clothing. He never wore
boots, nor above one coat, which was close to
his body, with close sleeves like those we call
jockey coats. He never wore a peruke, nor did
he shave his beard since the murder of king
Charles I. In my time his head was bald,
which he covered only with a beaver hat, the
brim of which was not above three inches broad.
His beard was white and bushy, and yet
rer ched down almost to his girdle. He usually
went to London once or twice a year, and then
only to kiss the king s hand, who had a great
esteem for his worth and valour. His unusual
dress and figure when he was in London, never

failed to draw after him a great crowd of boys
and other young people, who constantly attended
at his lodgings, and followed him with huzzas
as he went to court or returned from it. A^he
was a man of humour, he would always thank
them for their civilities when he left them
at the door to go in to the king, and would
let them know exactly at what hour he intended
to come out again and return to his lodgings.
When the king walked in the park, attended
by some of his courtiers, and Dalziel in his
company, the same crowds would always be
after him, showing their admiration of his
beard and dress, so that the king could hardly
pass on for the crowd, upon which his majesty
bid the devil take Dalziel for bringing such
a rabble of boys together to have their guts
squeezed out, while they gazed at his long beard
and antic habit, requesting him at the same
time (as Dalziel used to express it), to shave and
dress like other Christians, to keep the poor
bairns out of danger. All this could never
prevail on him to part with his beard ; but yet,
in compliance to his majesty, he went once to
court iii the v-ry height of the fashion, hut as
soon as the king and those about him had
laughed sufficiently at the strange figure h
made, he resumed his old habit, to the great joy
of the boys, who had not discovered him in
his fashionable dress." Kirkton s History ol
the Church, &c. note, p. 226. Ed.

CHAP. I.J

is their pleasure, that provost Cuningham
be continued this year also, as he was, by
their orders, the last ; and it is signified to
the town, that obedience is expected. The
letter is signed St. Andrews, who now
almost always presides in the council. The
royal burghs have likewise a letter sent to
each of them, ordering them to send in to
the clerk of council the declaration appointed
by parliament, signed by all the members of
their town-council and magistrates, since
the last returns were made : and letters of
the same nature are writ to the sheriffs and
justices of the peace ia each shire.

A letter is sent down from the king to the
council, dated October 1st, no question pro
cured by bishop Sharp, if not formed by him.
It deserves a room here, and it is as follows.
" Right trusty, &c. We greet you well.
Upon complaint made to us of the great
disorders in the church, and of the insolent
keeping of unlawful conventicles in that our
kingdom ; after advice from these to whom
we thought fit to refer the consideration of
these growing evils, and fitting remedies to
them, we think now it necessary to require
you, to take special care that the laws
and acts of state be vigorously prosecuted
against all contraveners, and with greatest
severity against those who are known to be
most pernicious adversaries to the peace of
the church. As also, that by act of council
you enjoin, that all heritors and landlords
be obliged, and made answerable for their
tenants and servants living orderly, and not
withdrawing from ordinances, and not keep
ing conventicles j and that for that end,
they be empowered and required to remove
them, if need be, and that a remedy may be
provided where they have tacks, or are
rentallers ; and magistrates of burghs to be
answerable for their inhabitants, who reside
within their respective liberties for the space
of six months and upwards. So expecting
an account of this from you, we bid you
heartily farewell. Whitehall, October 1st,
1G66. " LAUDERDALE."

Upon this is bottomed the rigorous pro
clamation published the 1 1th of the same
month, entitled, " proclamation for procur
ing obedience to ecclesiastical authority,"

1666.

OF THE CHURCH OF SCOTLAND. 15

which I have insert,* as being un
reasonable in the statutory part of
it, and what was a pattern for most part
of their acts and proclamations afterwards,

* Proclamation for procuring obedience to eccle
siastical authority, October llth, 16<j(5.
Charles, by the grace of God, king of Great
Britain, France, and Ireland, defender of the
aith, to macers of our privy

council, and messengers at arms, our sheriffs ia
that part, conjunctly and severally, specially
constitute, greeting : Forasmuch as by the first
act of the third session of our late parliament,
ntitled, Act against separation and disobedience
to ecclesiastical authority, it is recommended to
the lords of our privy council to take speedy and
effectual course that the said act, enjoining obe
dience to the government of the church, as it is
now settled by law, receive due and ready obe
dience from all subjects; with power to them to
decern ?.nd inflict such censures, penalties, and
corporal punishments as they shall think fit,
upon the contraveners, and direct all execution
necessary, for making the same effectual, and to do
every other thing needful for procuring obedience
to the said act, and putting the same to punctual
execution, conform to the tenor and intent
thereof. And by divers other acts of parliament
and council, made against papists, quakers, and
other disaffected persons, they are commanded,
under great pains and penalties, to frequent the
ordinances, in hearing sermon, and partaking of
the sacraments, and all other acts of public
worship, at their own parish churches, and not
to keep any private meetings or conventicles :
nevertheless, the said acts have not received that
igorous execution and obedience in some parts
of the kingdom, which might have been given,
if masters of families, heritors, and landlords
in the country, and magistrates within burghs
royal, had been careful and zealous iu their
stations in procuring obedience from their ser
vants, tenants, and inhabitants, over whom they
have power and jurisdiction : so that it is more
than high time to prevent the increase and
spreading of these disorders, which, by evil
example, might poison and infect the se that are
yet sound in their principles, and well affected
to our government. Our will is herefore, and
we charge you straitly, and command, that
incontinent, these our letters seen, ye pass to
the market-cross of Edinburgh, remanent head
burghs of the several shires and other places
needful, and there, by open proclamation, in our
name and authority, command and charge all
masters of families that they cause their domes
tic servants, grieves, chamberlains, and others
entertained by them, to give obedience to our
laws foresaid, and acts of council ; and particu
larly that they frequent the public worship and
ordinances at their own parish churches, and
participate of the sacraments, and abstain from
all conventicles arid private meetings, and that
they retain none in their service but such as
they will be answerable for ; and in case of their
disobedience, that they remove them out of their
service immediately after intimation thereof by
the minister of the parish : as also, that all heri
tors, landlords, and liferenters, who have granted
any tacks or rentals to their tenants, which are
yet standing unexpired, cause their tenants and
rentallers give sufficient bond and surety for

16 THE HISTORY OF

and a great foundation of violent
persecution; yea, it was so far
beyond the council s power, that after
wards it was found needful, ex post
facto, to confirm it by a parliamentary au
thority. In the narrative it is alleged, the
parliament, by their act against separation,
give the council power to do all in this
proclamation ; but it will be evident, by a
comparison of the two, the council go
beyond the power committed to them. Al
masters are charged to see that their servants
give obedience to all acts anent conformity
and keep none in their service but such as
do so ; all heritors, &c. are to see to their
tenants conformity, and their abstaining
from conventicles, and cause them give bond
for this effect ; and in case of refusal, raise
letters of horning against them, and the
escheats thereby falling into the king s hand
are given to the heritors ; and if the tenants
who refuse be moveable, that they be eject
ed, and no new tacks be given, without
security for conformity. Magistrates of
burghs are to take the same method with
inhabitants; and, in case of contravention,

obeying the said acts of parliament and council,
and specially for frequenting public worship and
ordinances, as said is, and abstaining from pri
vate meetings ; and if need be, that they raise
letters under the signet of our privy council, and
charge them, for that effect, upon six days, and
in case of disobedience, to denounce them to our
horn, anxl registrate the same ; for which end,
warrant is given to direct letters in their name
against all and sundry their tenants and rental-
lers : and we do declare, that we will give and
bestow the escheats falling to us by the said
homings, upon the landlords and setters of these
tacks and rentals, in so far as may be extended
thereto ; recommending hereby to our treasurer-
principal, and treasurer-depute, and others of
our exchequer, to grant the same accordingly :
and in case the tenants be removable, and refuse
to give obedience, that they warn and pursue
them to remove, and obtain decreets of ejection
against them ; and that no heritor, landlord, or
liferenter, set their lands hereafter to any person,
by word or writ, but to such as they will be
answerable for, as said ; and that they take sure
ty from them by provisions and obligements to
be insert in their tacks, or otherwise by bond
apart, in case there be no writ, that the said
tacksmen, rentallers, and all others their hinds,
cottars, and servants, who shall live under them
upon the said lands, shall give obedience in man
ner foresaid ; otherwise that their tacks, rentals,
and whole interest, right and possession shall be
void and expire, ipso facto, as if they had never
been granted, and that without any declarator

THE SUFFERINGS [BOOK II.

masters, heritors, and magistrates are made
liable to all the penalties of the contraveners.
The unreasonable hardships in all this need
not be exposed; it is an excellent footing
for a standing army to act upon.

Besides the fines which were anticipated
for other uses, and pretty much pocketed
before they came to the general s hands, it
was found necessary new burdens should be
laid upon the country for the support of
the army, in executing this and the former
severe acts obliging to conformity : and so
I find, November 8th, this year, a proclama
tion issued out for calling a convention of
estates, to raise money for maintaining the
soldiers in the defence of the kingdom.
Their sitting was, for some time, prevented
by the confusions which just now fell in.

By all these impositions, encroachments,
and terrible exactions, the spirits of many
came to be imbittered, and the common
people turned almost desperate. They had
been imposed upon dreadfully as to their
religious concerns ; and the civil government
now join issue with the bishops and their
underlings. Scotsmen have ever been im-

or further process, and then as now, and now as
then, that they shall renounce all right that
they shall have thereto, and shall remove them
selves without any warning ; and in case of fail
ure, the landlords and others are to charge and
denounce them in manner foresaid. As like
wise, that all magistrates of royal burghs take
special care and notice, and be answerable, that
their burgesses and inhabitants be obedient to
the foresaid acts of parliament and council, and
that they cause charge such of them, as thev
shall think fit, and are suspected, to give bond
and surety, as said is ; and for the magistrates
wn relief, in case they contravene, and if they
fail, to denounce them in manner foresaid :
with certification, that all masters of families,
landlords, and magistrates of burghs, who shall
not give punctual obedience in manner above
written, that they shall be liable to the same
pains and penalties due to the contraveners, but
prejudice always of proceeding against the con-
iraveners themselves, and inflicting the said
lains, and all other pains contained in any ictfAf
jarliament or council heretofore made against,
japists, quakers, and persons disobedient : certi-
ying also all concerned, that the lords of our
H ivy council will not only take special care to
secure the public peace, but also to discover
all secret attempts and designs to disturb the
;ame, and to punish all persons that shall be
bund guilty, according Jo the quality of their
offence. And ordains these presents to be
printed and published, that none pretend igno-

CHAP. I.] OF THE CHURCH

patient under tyranny, and the wonder is
not great, that after so much patience, less
than they were under did drive them to
extremities. The common people being glad
of any thing that looked like a present
respite, are soon moved to undertake, though
many times their undertakings are as much
unconstant as they are ill concerted. How
ever, they wanted not provocation at this
time : as the religious rights of the church
are overturned, so the civil liberties of
Scotland are like to be well looked to
be a standing army in time of peace ! and
the best part of the kingdom oppressed in
order to maintain it. Our reformation is
broke in upon, and liberty and property taken
away. The more knowing and prudent were
silent in this evil time, and yet under the
greatest fears and apprehensions what would
be the end of those things. The common
people were disposed to take any probable
course to get from under their sad burdens ;
and yet all this year, things went on very
smoothly till November, when fortuitously,
and without any concert, the gathering of
the oppressed country began, which made
so great a noise, and afterwards proved a
handle of heightening their miseries. The
account of this I come to give in the next
section.

SECT. II.

A short historical account of the beginnings
and progress of the rising in Galloway,
and its dissipating at Pentland f November,
1666.

THIS rising being so unexpected and sudden,
and no journals of it kept, any accounts of
it that can be now given, must be very
lame : what follows is mostly taken from a
narrative a person of good sense and probity
gathered about this time, from conversa
tion with some of the most knowing of
this small handful of people ; and the coun
cil registers, and other papers come to my
hand.

Sir James Turner and his soldiers, con
tinued to make terrible havoc in the west,
and especially the south. That country was
made a wilderness, and well nigh ruined ; a
n.

OF SCOTLAND. YJ

great many families were scattered, ,
and not only the common people,
but persons of better note, gentlemen and
others, were forced to flee their houses, and
lurk in mosses and mountains, and other
coverts, of many of whom the world was
not worthy ! these had nothing like resisting
the king s forces in view, but were silently
groaning under their oppressions, till a very
small matter kindled this fire, and an un
foreseen accident gave a beginning to this
rising.

Upon Tuesday, November 13th, 1666,
four countrymen, after great hardships, and
long fasting in their wanderings, came to the
small country village of Dairy in Galloway,
to get a little refreshment :* upon the high
way, a little from that place, they accident
ally met with three or four soldiers, driving
before them a company of people, neighbours
to a poor old man in that place, who had
fled from his own house himself, in order to
oblige them to thrash out the poor man s
corns, that of them they might make money
to satisfy for his church fines, as they were
now termed. This troubled the four honest
men very much, yet they passed by the
soldiers, and came to the house they design
ed. When there they are taking a little
refreshment, information is brought them,
that the soldiers had seized the poor old
man, brought him to his house, and were
going to strip him naked, and set him upon
a red hot gridiron upon which bread used
to be baked, and were using unheard of
torture and barbarities toward him. Where
upon they resolve to do what in them lay,
to relieve the poor man their fellow-sufferer;
and presently come to the house, and ear
nestly entreated the soldiers to let him go,
and desist from their severities. Two of
the soldiers were with the man himself, and
refused the countrymen s desire, and some
high words passed betwixt them : upon the
hearing of which, the other two rush out of
another room where they were, with drawn
swords, and make at the countrymen, and
had almost killed two of them. Thereupon

* One of these was M Lellan of Barscob,
afterwards forfeited, who the other three were
we have not discovered. Ed.

18 THE HISTORY OF

one of them discharged his pistol,
* loaden, as I am told, with tobacco-
pipe, all the ball they had, and hurt one
of the soldiers. This quickly made the
rest yield, and the countrymen disarmed
them, and made them prisoners; and the
poor old man is happily delivered.

Now the countrymen are engaged, and in
as great hazard as they could well be. They
knew they would be reckoned rebels, and
therefore resolve to go through with it, and
stand to their own defence the best way
they might. There were about a dozen of
soldiers, in another place of the same parish
of Dairy, about the same work of oppressing
the people for their church-fines : lest these
should come and destroy them, they resolve
to prevent them ; and that night seven or
eight more country people join the first four,
and to-morrow morning early, they went
and surprised the party of soldiers. All of
them quietly rendered their arms, except
one, who making resistance, was killed.

By this time they might be assured of
very* terrible reprisals, and all the revenge
Sir James Turner was capable to make, who
was now at Dumfries, some sixteen or
eighteen miles distant: therefore the laird of
Barscob, and some other gentlemen near by,
now joined with the countrymen, knowing
the whole country would be made equally
guilty, and perfectly destroyed, resolve to
be beforehand with Sir James ; and gather
together about fifty horse, and a few foot,
and, without any loss of time, upon Thurs
day, November 15th, march straight to Dum
fries. There they surprise Sir James Turner,
make him prisoner, and disarm all his
soldiers, without doing hurt to any of them,
save one, who, upon his violent resistance,
was wounded. When this was done, in
their abundant loyalty they went to the
cross of Dumfries, and publicly drank the
king s health, and prosperity to his govern
ment; for which they had very indifferent
thanks. Such was the beginning of this
insurrection, an occasional tumult upon a
sudden fray, never thought of till it began.
I am told, the person who seized Sir James
was Andrew Gray, merchant in Edinburgh,
accidentally in the country at this time
about his business : he left them very soon,

THE SUFFERINGS [BOOK II.

as did many others;* yet so many of them
kept together with Sir James their prisoner,
as were the beginnings of the little army
which was a gathering. Galloway had suf
fered most, and the oppression there was the
beginning of the quarrel ; yet, while they
continued there, their numbers were very
small, not exceeding three hundred men.
Indeed divers worthy gentlemen and heritors
joined them.

* This Mr. Andrew Gray, according to Mr.
Andrew Symson, minister of the parish of
Kirkinner, as reported by Kirkpatrick Sharpe,
Esq. in a note to Kirkton s History of the
Church of Scotland, " retired with the money
and baggage he had got at Dumfries so quietly,
that he was never sei-n by any of his own party
after that." Kirkton s History, Note, p. 232.
Burnet states, that " there was considerable cash
in his [Sir J. Turner s] hands, partly for the
pay of his men, partly ot the fines which he had
raised in the country that was seized ; but he to
whom they trusted the keeping of it ran away
with it." History of his Own Times, vol. i.
p. 342. These statements, however, seem to be
without foundation. Andrew Gray met with,
and held a conversation with Col. Wallace, on the
Monday after having deserted his party, " and
though Wallace," says he, " perceived that An
drew had come off in a pet, he gives not the
smallest hint that he had been guilty of any
unfair dealing." We also find him after this an
exile at Newcastle, in company of a number of
his fellow sufferers, and sharing along with
them the bounty of Mr. William Veitch, who
had been in the rising at Pentland, though not
at Dumfries, and must have known it, had any
such circumstance as the above taken place.
Memoirs of Mr. William Veitch, and Notices
of the Rising at Pentland, by Col. Wallace,
edited by Dr. M Crie, pp. 49, 391.

Mr. John Blackader, who has given a very
minute detail of the seizure of Sir James Turner,
says, " a party was sent up to search his rooms,
and bring down his papers and trunks which
were much emptied, having sent the money he
had exacted in oppression to Glasgow before,
as I heard say, in some loads." From all the
circumstances of the case, we think it pretty
evident, that Gray took offence at being pre
vented by Neilson of Corsack from shooting
Sir James Turner, and from the moderation of
its commencement, augured an unhappy con
clusion to the enterprise which he did not choose
to witness. Indeed, after the party had demon
strated the extent of their charity by giving
quarter to Sir James Turner, and the depth ot
their loyalty by drinking the health of king
Charles at the cross of Dumfries, we do not see,
acting with consistency and common sense, any
thing that remained for them to do, but each to
make the best of his way home, and to pay what
fines might be imposed upon him, or to surrender
his life, should it be required, with what grace
he could, for he was evidently not yet prepared
for that desperate resistance, nor armed with
that immovable daring which is necessary for
bursting the chains of slavery, and breaking the
iron rod of the oppressor. Ed.

CHAP. I.]

By the council-records I find, that upon
November 16th appeared before them at
Edinburgh, Steven Irvine, bailie of Dumfries,
and gave information of " an insurrection by
a considerable number of armed men ; and

declared he saw Neilson of Corsack,

M Lellan ofBarscob, Mr. Alexander Robert
son a minister s son, M Cartney of

Blaiket, and James Callum, glover in Dum
fries." This surprising account put the
bishops, and managers at Edinburgh into a
terrible fright; and an express is sent up
to court in all haste. The commissioner
Rothes took journey to London, to receive
his instructions with relation to the conven
tion lately indicted to meet at Edinburgh, a
day or two before the countrymen s attempt
at Dairy. The council s flying packet reach
ed the king before him. When the earl had
waited upon the king, and received from his
majesty the account of what the council
termed a most horrid conspiracy, he was
perfectly stunned, and could scarce credit it.

Jointly with this express to court, the
council writes letters to the earls of Annan-
dale, Galloway, Kilmarnock, Glencairn, Cas-
sils, and Lothian, the lords Drumlanerk,
and Newbottle, and Sir Gilbert Eliot, signify
ing that upon information of a rising in arms,
in or near the places they were concerned
in, they were to order the king s forces to
march towards the rising; and in the mean
time they expect they will do all they can to
jiaintain the peace, and concur with, and
support the forces, when they come." Signed,
* St. Andrews." Next day, the council
meet again, and order general Dalziel, with
as many of the forces as he can, to march
to Glasgow, and from thence to the place at
which he shall hear the insurrection is come
to any head. And meanwhile, the guards
of the town of Edinburgh are doubled, and
the names of all the lodgers are ordered to
be immediately given up. Likewise they
write a letter to the commissioner, giving
an account of the rebellion. I have inserted
it from the registers, in a note.* The better

* Council s letter to the commissioner, November

17th, 1666.

May it please your grace,
The lords of his majesty s privy council, hav
ing received information of some risings, and

OF THE CHURCH OF SCOTLAND.

19

yet to secure the metropolis, upon
the 19th of November, the council
make this act. " Considering the necessity
of securing the town of Edinburgh, from all

appearances of disorders in Kirkcudbright and
other places adjacent, have thought it their duty
to give his majesty timous notice thereof, and
that orders are given for suppressing of the same,
which they do hereby otter to your grace to be
presented to his majesty. Yesternight one of
the bailies of Dumfries came hither, and inform
ed, that on Thursday last, towards the break of
day, about fourscore of horses in arms, and also
many foot, entered the town of Dumfries, and
having about one hundred and fifty foot without
the town, did set guards to the magistrates
houses, and invaded the house where Sir James
Turner was, seized upon his person, carried him
from his bed to the streets, and through the
town, and at last carried him away with them.
The bailie having seen this, came immediately
hither to give us notice : he says, there are no
persons of any quality among them, but that,
they give out themselves that Gilbert Ker is
there. This morning we have received further
notice of the gatherings of some people in these
places, which we are very hopeful will soon
vanish, or speedily be supprest. Yet we have
thought it our duty, in discharge of our trust
we have from his majesty, to apply his majesty s
authority for the speedy suppressing of the
same, as the beginning of a most desperate
rebellion ; and thereupon have given orders to
the lieutenant-general of his majesty s forces, for
marching presently against them, as will more
fully appear to your grace by the order itself,
the copy whereof is herein enclosed. Orders
are also sent to persons of greatest, interest in
these countries, to be assisting in this affair; of
which orders there is a copy also enclosed. This
being all the information we have yet gotten, we
could do no more at present; for the forces they
are to march the morrow morning : but, accord
ing as we shall receive further intelligence,
we shall not be wanting in the discharge of
our duty for the suppressing thir rebels, and
securing the peace. And, upon this occasion,
the council having had their thoughts upon the
fittest means for securing the peace, it is their
unanimous judgment, that it is most necessary for
that end, that the heritors of the several coun
tries, especially of the southern and western
shires, and such other as his majesty s council
shall think fit, be presently required to sign the
declaration concerning the covenant, and that
such as shall delay or refuse, be secured and
looked upon as enemies to his majesty s author
ity and government : as this will be a ready
mean to discover who are well or ill affected
to his majesty, so without it, we conceive,
neither the public peace nor his majesty s gov
ernment can be well secured :

We rest your grace s humble servants,
ST. ANDREWS, JOHN GILMOUK,
MONTROSE, A. PRIMROSE,

EGLINTON, Jo. NISBF.T,

DUMFRIES, J. LOCKHART,

NEWBURGH, HUME,

SINCLAIR, CH. MAITLANI),

HALKERTON, WAUCHOP,
BALLENDEN, SIR 11. MURRAY.

THE HISTORY OF THE SUFFERINGS [BOOK II.

and see that it be executed with all care.
This proclamation contains no promise of
indemnity in it, upon laying down of arms,

attempts of rebellious persons, or
dain the magistrates of Edinburgh,
Canongate, and Leith, and other places
within their liberties, to cause the officers
of the several companies enroll all the sol
diers under their command, and all of them,
officers and soldiers, to give their oath to be
true and faithful to the king, and thut they
shall defend his authority, and maintain the
same against this insurrection and rebellion,
and all others, to the hazard of their lives and
fortunes: and if any refuse, that they be
presently disarmed, their persons secured, and
the council acquainted with their names."
And as to the country round the place where
the rising was, the council again write to the
earl of Annandale,lord Drumlanerk, and sev
eral others, " empowering them to convocate
their followers, and with them to preserve
the peace of the country, and to attack the
rebels." Likewise, upon the other side,
they send letters to Fife, directed to the earl
of Weems, lords Newark, Melvil, and Bur-
leigh, " to come in with their friends and
followers, with horses and arms, to defend
the town of Edinburgh, that so the king s
authority may be defended from rebellious
and disaffected persons now in arms." Sign
ed, " St. Andrews." In the commissioner s
absence it fell to the primate to preside in
council ; and being now a time of war several
of the lords grumbled very much, and spared
not to say openly with oaths, " Have we
none in Scotland to give orders at such a
juncture, but a priest ?"

Upon the 21st they issue forth a procla
mation against the rebels in arms in the
west. It is inserted at the foot of the
page,* and order the general to publish it,

* Proclamation against the rebels in arms,

November 21st, 1666.
Charles, &c. to all and sundry our good sub
jects, greeting : whereas by the clear and express
laws and acts of parliament of this kingdom, it
is declared to be high treason for the subjects of
the same, or any number of them, more or less,
upon any ground or pretext whatsoever, to rise
or continue in arms, without our special author
ity and approbation ; and nevertheless, a party
of disloyal persons, disaffected to our government
and laws, who have formerly tasted of our
royal bounty and clemency, whereunto they
owe their lives and fortunes, having forfeited
the same by their former rebellious practices,
under the cloak of religion, the ordinary colour
and pretext of rebellion, have now again risen

in arms, within the stewartryof Kirkcudbright,
shires of Galloway and Ayr, and other western
shires; and having in a hostile way entered
within the town of Dumfries, has there, and in
other places of the country, seized upon the per
sons of divers of our good subjects, has plun
dered and robbed them, and others of their
horses, arms, and other goods, and has done and
committed many outrageous and treasonable
deeds and attempts against our authority, and
against and upon our royal subjects. And we,
out of our royal tenderness for the peace and
quiet of this our ancient kingdom, being careful
to repress the said rebellion, and that simple
people be not ensnared by the said rebels and
their emissaries, and involved in their rebel
lion ; and to take off all pretence of ignorance or
excuse, do therefore, with advice of the lords of
our privy c uncil, declare the said insurrection
to be an open, manifest, and horrid rebellion,
and high treason ; and that the authors and
actors in the same, and their adherents, are and
ought to be pursued as profest and declared
traitors to us : and do hereby command and
charge all persons, who are in arms against, or
without our warrant and authority, to desist
from their rebellion, and to lay down their arms,
and to render and present their persons to tba
lieutenant-general of our forces, or some others
of our officers or magistrates, within twenty-
four hours after publication hereof: with certi
fication that if they continue in their rebellion
after the said time, they shall be holden and
proceeded against as incorrigible and desperate
traitors, and that they shall be incapable of
mercy and pardon. And we do discharge and
command all our subjects, that no person
presume to aid, assist, harbour, reset, or any
way supply the said rebels, or any of them,
under the pain of treason ; and that they do not
keep correspondence, or intercommune with
them, without warrant of our said lieutenant-
general, under the pain foresaid : and we do
expect in this juncture, and do require and com
mand all our subjects, to be assisting to our said
lieutenant-general, under the pain foresaid, and
being required by him, or others having author
ity from him to that effect, to rise in arms with
all their power, and to join and concur with
them for suppressing the said rebels, under the
pain of treason, if they refuse or disobey^ And
further, we do strictly enjoin and command all
masters of families, heritors, and other landlords,
that they be careful and vigilant that their child
ren, servants, and domestics, and their tenants and
others under their power, do not break out and
join with the said rebels; certifying them, if they
be found negligent in their duty, or otherwise
culpable in that behalf, they shall be looked upon,
and severely punished, as disaffected persons,
and favouring and complying with rebels. And
hereby we give warrant and command to our
Lyon, king at arms, and his brethren, heralds,
pursuivants, macers, or messengers at arms, to
pass to the market-cross of Edinburgh, and other
places needful, and make publication hereof,
that none pretend ignorance. Given under
our signet, at Edinburgh, the twenty-one day
of November, and of our reign the eighteenth
year. Subscribed ut sedcrunt.

CHAP. I.]

nor any encouragement to people to do so,
as is usual in such cases. Whether this
proceeded from haste, or from the cruel dis
position and designs of their president, I am
not to determine : but it is evident enough,
this was upon the matter to command the

OF THE CHURCH OF SCOTLAND.

1G66.

of defence," and require all the king s
subjects to assist the general with
all their power. This was of some more
influence, and made many join the general,
and some against their light and conscience :
" the fear of man causeth a snare." And

people to come to the scaffold, and to j further they discharge all passage at the six
require them to submit to the severities of ferries between Leith and Stirling, and order

all

the prelates, who were the fountain of all
their miseries, and to subject to the cruelty
of the army, whom they had affronted : and
such a proclamation could have little other
effect, but to imbolden the poor men, and
let them see they must either go through
what they had begun, or die. Twenty-four
hours after the date of the proclamation are
only allowed to them to submit, which was
too short a time for its reaching Galloway ;
and I think the country people were scarce
come to Ayrshire as yet. It is not improb
able there were views in this extraordinary
proclamation; and whether it was afterwards
improven by the primate, for justifying his
severities on the persons who were taken
prisoners, I know not : but Sir George
Mackenzie would from this palliate the
execution of those good men, after quarter
given by those who took them. But the
terms given posterior to this proclamation,
by such who had the king s power lodged

persons who pass Stirling bridge to be
narrowly examined. This was to prevent
some persons from Fife and the north, who
were under sore burdens, and ready to have
joined the people in the south. Next day,
the 22d, the council order all suspected
persons to be seized and examined; and
write to the general, acquainting him with
what they had done, and desiring his advice
as to any thing yet necessary to be done.

To return to the people who rose at this
time ; after they had seized Sir James Tur
ner, and were now determined to defend
themselves, some were sent into Edinburgh,
to see what assistance they might expect
thence ; and I suppose Mr. Alexander Rob
ertson, a preacher, a zealous and resolute
man, was consulted, and his son one of the
messengers : at least I find, it was in his
chamber a considerable number of ministers,
gentlemen, and others met that night the
accounts came from Dumfries, to consider

with them, fairly remove any thing that i how far it was their duty to join those now
could be in this deed of the council: and if risen. Reasonings pro and con were so
the proclamation was emitted with designs protracted, that no resolution was come to
to be a cover to such a villany, it was not the first night. To-morrow at seven of the
unlike the temper and cunning of him who clock, they again met at Mr. Robertson s

was now at the head of the council. The

chamber. When the question was resumed,

same day they pass another act, inserted it was generally thought to be very hard to
below,* " to put the country in a posture lie still and do nothing at such a juncture.

* CoundTs act for defence of the country,

November 21, 1666.

Forasmeikle as the insurrection at Dumfries
and the western shires, is grown into an open
rebellion, and that the number of these desperate
rebels does increase so, that all his majesty s
loyal subjects, in their several shires, ought
timously to look to their own security, and put
themselves in a posture to defend the king s
authority, and to oppose all attempts of desperate
and wicked rebels; therefore, the lords of his
majesty s privy council, do hereby command and
require all heritors, who are fencible persons,
within the shires of Middle, East, and West
Lothians,Fife, Perthshire, (except the country of
Athole) Stirlingshire, Dumbartonshire, Merse,
and Teviotdule, Tweeddale, Clackmannan, the

Forest, Angus, and Mearns, to convene at such
places as the commanders aftermentioned shall
appoint, and to receive the orders, and to be
under the command of the persons underwritten,
viz. Mid Lothian to meet upon the twenty-third
of November instant, and to be under the com
mand of lord George Ramsay ; East Lothian,
to meet on the twenty-sixth of the said month,
and to be under the command of the earl of
Wintoun, and viscount of Kingstoun ; West
Lothian, to meet the twenty-third of this instant,
and to be under the command of Sir Walter Seton
of Abercorn ; Stirlingshire, to meet the twenty-
sixth of November, to be under the command of
the earl of Callender, and lord Almond ; Fife,
to meet the twenty -ninth instant, to be under
the command of the earl of Weema and lord

THE HISTORY OF THE SUFFERINGS

L

BOOK II.

1666.

when so fair a door was opening ;

and they could not think of seeing
their fellow countrymen oppressed and borne
down for their religion and liberty, and in so
much hazard, without helping them, especially
when all methods of regular and orderly
application to the government, were stopt
and precluded. I hear Ferguson of Kaitloch,
afterwards a very great sufferer in his person
and family, was at this time unclear as to
rising in arms : but the rest of the meeting,
generally speaking, were very clear to assist
these people for recovering their liberty;
such as colonel James Wallace, Mr. John
Welsh, the said Mr. Robertson, and others.
It would be tedious to go through all the
essays made up and down, to get assistance
to the people in Galloway. Colonel Wallace
resolves immediately to go westward; he
was assured forty well mounted men and
horse would join him in the parish of Lib-
bertoun, but they sunk to seven or eight.
Indeed it was no wonder people were not
so very forward to join in this undertaking,
so suddenly entered into without any general
concert : especially if we consider, that the
spirits of people were sunk, generally speak
ing, under heavy and rigorous vexations and

Newark ; Perthshire, to meet the twenty-ninth
instant, and to be under the command of the
earls of Perth, and Tullibardin, excepting as
said is ; Dumbarton, to meet upon the twenty-
eighth instant, and to be under the command of
the earl of Wigtoun; Merse, to meet the said
twenty-eighth instant, to be under the command
of the earl of Hume; Teviotdale, to meet the
twenty-eighth instant, and to be under the com
mand of Sir William Murray of Stanhope, and
the laird of Blackbarony younger ; Clackman
nan, to meet the twenty-ninth instant, to be
under the command of the laird of Clackmannan ;
Forest, to meet the twenty-eighth instant, and to
be under the command of Philiphaugh ; Angus,
to meet the twenty-ninth instant, to be under
the command of the earl of Panmure and lord
Carnegie ; the shire of Mearns, to meet the
twenty-ninth instant, to be under the command
of the earl of Marishal, and lord Arbuthnot :
with full power to them, to seize upon all dis
affected persons within their respective bounds,
or such as shall be suspect to be going out of the
shire to be rebels ; with power likewise to the
said commanders, to appoint officers under them,
to command in the several divisions of the shires.
And further, ordain the said respective com
manders, to make public proclamation and inti
mation hereof, to the respective shires under
command, immediately after the same shall
come to their hands, that the said meetings may
be punctually kept.

burdens. With those the colonel made the
best of his way to Linton, and from thenco
ordered off Mr. Robertson towards Lesma-
hago, to dispose people to join with hin
when he came thither; but he met with
small encouragement. Thereabouts the col
onel came with his men, and rested upon
the Sabbath. Next day they had notice that
William Lockhart of Wickctshaw, with a
party of Carluke men, and some others,
were marched westward to the main army,
and so they followed them. In the road the
colonel called at captain Robert Lockhart s
house, expecting Mr. Alexander Robertson
there, according to appointment, but the
captain and he were gone forward. When
they came to Evandale, they had the first
accounts of the laird of Blackwood s desiring
to meet with the colonel, and to understand
his design and motions. The colonel being
uncertain of his character, did not wait, but
went westward ; and in their way to Mauch-
lin, he overtook captain Arnot, brother to
the laird of Lochridge, and a few men with
him. They lodged all together at Mauchlin,
on the Tuesday s night. When there, they
are informed their friends were all gone
forward to Ayr, and thither they resolve to
go. Their hopes were here mightily dis
appointed ; they expected to have found all
that country in arms for religion and liberty,
but very few were stirring. They reckoned
much upon major-general Montgomery, who
had been harshly enough treated by the
government, and the laird Gadgirth; but
find they were both at Eglinton house
waiting upon general Dalziel. Several min
isters, they were made to hope would join
them, were living quietly in their families.
This very much offended the colonel and his
friends, and discouraged them, when they
found many whom they judged friends, as
they reckoned the most part of that country,
standing by unconcerned. Meanwhile, their
friends were likewise grieved and mourning
for their undertaking, looking upon it as
very sudden, unadvised, and unconcerted ;
and fearing, that in the issue it might prove
unsuccessful and hurtful.

However, the colonel and his men march
on to Ayr, and find the body of the forces
come from Galloway, and such who had

CHAP. 1-3

joined them since, rendezvousing near the
bridge of Doon ; and when he was going
towards them, a messenger comes from
Cuningham, with accounts, bearing that a
considerable body of men were ready there
to join them, if they had one to gather and
head them. Whereupon he sent off captain
Arnot with forty horse, to encourage and
bring them up, and he himself, with the rest,
joined the general rendezvous. Upon the
Wednesday, there they had certain accounts,
that Dalziel and his army lay at Glasgow,
and so they resolved to-morrow to march to
the parish of Ochiltree, and have another
general rendezvous there, where Mr. John
Guthrie, minister at Tarbolton, came to them,
with some men from that parish. When
they were all come to the place of meeting,
Mr. Gabriel Semple preached to them.
And here they first modelled themselves into
an army, choosing their officers, and dispos
ing their men to the best advantage, and
placing their guards.

At Ochiltree they convene their first
council of war, and after application to God
by prayer, and reasoning upon their present
circumstances, it was resolved, that since
they could expect little more assistance
from the south or west, except captain
Arnot s company, that they should march
eastward to Edinburgh, especially since they
were apprehensive the enemy might attack
them, if they continued much longer there,
and that before they had got all the assist
ance they expected. So they marched east
ward upon the Friday to Cumnock, and there
got the accounts that one of their friends
John Ross, and a few men with him coming
to them, were intercepted and broken by
duke Hamilton s troop, and that the enemy
was approaching them ; and indeed the
council were not wanting in raising the
country, as well as sending the army upon
them. Accordingly, I find one act in their
register, November 23d, " act anent the
shires of Renfrew, Lanark, and Ayr." Its
tenor is, " Forasmuch as the insurrection at
Dumfries and the western shires, is grown
to an open rebellion, and the number of
desperate rebels increases, these are to order

OF THE CHURCH OF SCOTLAND.

1666.

the general rendezvous are to be
noticed, and apprehended." The
same day rendezvouses are appointed in
Mid Lothian, East Lothian, and Teviotdale:
and colonel Hurry, and major Thomson,
with the forces under their command, are
appointed to keep guard in the Canongate.

Upon these advices, the little army march
ed from Cumnock that evening, forward to
the Muir-kirk of Kyle, (Muirkirk) in a most
dreadful rain, and through a long muir
miserably deep. They reached not their
quarters till two hours within night. Great
were the hardships they came through, they
were generally as wet as they had been
dragged through a river : and wet as they
were, their foot behoved to lodge in the
church, without any meat that night, and
little fire to dry them. Here Mr. Andrew
M Cormock, an Irish minister of great piety,
commonly called the " good man," came to
colonel Wallace, now chosen commander in
chief, and acquainted him, it was the opinion
of Mr. Alexander Robertson, and captain
Lockhart, who it seems had been very unsuc
cessful in their endeavours for assistances
to the colonel, that this rising should be
followed no further, but the people dismissed
in the fairest way that might be. The
proposal was communicated to Mr. Gabriel
Semple, a minister of very great authority
among them, and urged with all earnestness.
Nothing could be concerted that night, and
to-morrow, being Saturday, they marched to
Douglas, and towards Lanark. By the way
captain Arnot, with his Cuningham supply,
came up with them. Two hundred had
been promised, but they scarce amounted to
forty.

At Douglas, after they had set their guards
and watch, they called a council of war,
anent the proposal made by Mr. M Cormock.
After prayer to the Lord for direction in
that matter of great importance, the question
was stated, Whether they should scatter, or
continue in arms ? The reasons offered for
giving up this enterprise, from the strength
of the enemy, the smallness of their numbers,
the dispiritedness of the country, and the
present unfitness of the season for action,

out all fencible men in Renfrew, Ayr, and ! were all considered ; the opinion of the
Lanark shires : and all who are absent from j ministers they had with them was heard,

24

166G.

THE HISTORY OF

and then the officers gave theirs.

All of them, after reasoning, agreed,
that they had a clear providential call to
this undertaking, and that they could not
quit it till they had as plain a warrant to
desist, as they had to gather together.
They were conscious to themselves, nothing
was in their view, but the freeing themselves
and their country from the horrible oppres
sion they groaned under, and to lay their
grievances before the government, and hum
bly to crave redress, which they had access
to do no other way but in arms. They
persuaded themselves, the Lord could work
by few as well as by many, and hoped they
were a handful of men in whom the Lord
would concern himself: and if such as had
encouraged them to this enterprise, and
promised assistance should fail, they could
not help it ; they were in the way of their
duty. And as for themselves, if their design
misgave, they could say, it was in their
heart to " build a hcase to the Lord," and
to act for the glory of God, and the cause
of religion and liberty, and were not unwilling
to die sacrifices for these; yea, they reckoned
a testimony for the Lord, and their country,
was a sufficient reward for all their labour
and loss. Thus the proposal was laid aside,
though it came from persons who were
heartily friends to tlttir cause and designs.

The council of war had other two questions
before them : one was anent the renewing
the covenants these lands lie under, as soon
as possible. Unto this all went in most
unanimously: all of them, generally speaking,
had taken them before, with knowledge and
reflection; and this work was now buried,
and scandalously treated. Indeed they could
have wished for more time to prepare for
that solemn work, and more persons of all
ranks to join in it ; but now they had not
their choice, and behoved to do things as
they best could, and not still as they desired.
And hereby they inclined to give a proof to
the world, that their cause and principles
were the very same with those of the church
of Scotland, before her liberties were wrested
out of her hand ; and they knew no better
preparation for death, if called to it, than a
solemn resignation and dedication of them
selves to the Lord. The other matter under
their consideration they were not altogether

THE SUFFERINGS [BOOK II.

so harmonious in ; What to do with Sir James
Turner ? whom they still carried about with
them since they left Dumfries, being masters
of no prison to put him in. Some were for
putting him to death, as being notoriously
guilty of murder, and a bitter and bloody
instrument of persecution : but the most
part were peremptorily against this. Those
acknowledged Sir James had been a grievous
oppressor, and the occasion of the death of
many ; but then they would have it consid
ered he was a soldier of fortune, and had his
commission for any thing he did. Yea, I
am told, that Sir James produced letters
from the bishops and others, with his secret
instructions and orders for a great deal
more than he had done ; and that he really
appeared to have been pretty moderate
even in his severities, when his actings
were compared with his orders which he
produced, and repeated letters from the
prelates. Whatever be in this, moderate
measures prevailed; he was spared, and
carried forward with them.

Sabbath morning they marched to Lanark,
through Lesmahago. In the way, Knock-
breck s two sons, with some few men from
Galloway, overtook them, and signified, no
more were to be expected from the south.
At night they came to Lanark, and set their
guards and watch, and ordered their men
the best way they might, and appointed offi
cers, of which they were very scarce, to
every company.* This night it was intimate
to the people of Lanark, that they designed
to renew the covenant in that place to
morrow. It might have been expected this
would have engaged the people thereabouts
to join them ; but such a terror at this time
was upon the spirits of the country, that few
or none of their best friends durst or would
appear. To-morrow morning they were
alarmed with the accounts, that general
Dalziel was within a few miles of them ; upon
which some were for delaying the renewal
of the covenants, but they were over
ruled ; and so, after they had sent out their

* " That day we perfected the modelling of our
forces, wherein we found great want of officers,
there not being to the few number we had half
of the officers requisite, not above four or fiv*
that had ever seen soldiers before." Wallaces
Narrative of the Rising at Pentland Ed.

CHAP. I.] OF THE CHURCH OF SCOTLAND.

scouts, and set watches, the work was begun.
They could not easily, with the townsmen,
and country about, be all in one place, and
so they divided into two companies. The
foot gathered together upon the High street
of Lanark, and Mr. John Guthrie minister
at Tarbolton preached unto them. There
is an incorrect sermon of his printed, upon
" Breach of Covenant :" the title of it bears,
it was preached in the (year) 1663. Whether
it may not be some notes of the sermon at
Lanark, as some conjecture, I know not.
After sermon he read the covenants unto
them, to which, with uplifted hands at every
article, they engaged, with much affection
and concern. The horsemen met at the
head of the town, and Mr. Gabriel Semple
and Mr. John Crookshanks preached. In
his sermon Mr. Semple cited, and at some
length applied Prov. xxir. 11, 12. " If thou
forbear to deliver them that are drawn unto
death, and those that are ready to be slain ;
if thou sayest, Behold, we knew it not ; doth
not he that pondereth the heart, consider it?
and he that keepeth thy soul, doth not he
know it ; and shall not he render unto every
man according to his works ?" When he
was insisting upon these words, the hearers
were mightily affected ; and several did after
wards join the army. After sermons the
covenants were read and sworn, as above.
At this time, as I suppose, the principal
persons among them drew up, and agreed to
a short manifesto, and declaration for present
use, with a view to draw up a fuller and
larger one afterwards. A copy of this paper
lies before me ; but wanting a date, I cannot
be positive when it was drawn up : and it
being but short, I shall here insert it.

Declaration of those in arms for the covenant,
1666.

" The nature of religion doth sufficiently
teach, and all men almost acknowledge the
lawfulness of sinless self-defence; yet we
thought it duty at this time to give an
account unto the world of the occasion and
design of our being together in arms, since
the rise and scope of actions, if faulty, may
render a thing right upon the matter, sinful."

" It is known to all, that the king s
majesty, at his coronation, did engage to
ii.

rule the nation according to the -\rrr
revealed will of God in scripture;
to prosecute the ends of National and
Solemn League and Covenants; and fully to
establish presbyterian government, with the
Directory for Worship ; and to approve all
acts of parliament establishing the same ;
and thereupon the nobility, and others of
his subjects, did swear allegiance; and so
religion was committed unto him as a matter
of trust, secured by most solemn indenture
betwixt him and his people.

" Notwithstanding all this, it is soon
ordered that the covenant be burnt, the tie
of it is declared void and null, and men
forced to subscribe a declaration contrary to
it; episcopal government, in its height of
tyranny, is established ; and men obliged by
law, not to plead witness, or petition against
those things ; grievous fines, sudden impris
onments, vast quarterings of soldiers, and a
cruel inquisition by the high commission
court, were the reward of all such who could
not comply with the government by lordly
hierarchy, and abjure their covenant, and
prove more monstrous to the wasting their
conscience, than nature would have suffered
heathens to be. Those things, in part, have
been all Scotland over, but chiefly in the
poor country of Galloway at this day : and,
had not God prevented, it should have, in
the same measures, undoubtedly befallen the
rest of the nation ere long.

" The just sense whereof made us choose
rather to betake ourselves to the fields for
self-defence, than to stay at home burdened
daily with the calamities of others, and
tortured with the fears of our own approach
ing misery. And considering our engagement
to assist and defend all those who entered
into this league and covenant with us; and to
the end we may be more vigorous in the pro
secution of this matter, and all men may know
the true state of our cause, we have entered
into the Solemn League and Covenant,
and though it be hardly thought of, renewed
the same, to the end we may be free of the
apostasy of our times, and saved from the
cruel usages persons resolved to adhere to
this have met with ; hoping, that this will
wipe off the reproach that is upon our
nation, because of the avowed perjury it lies

THE HISTORY OF THE SUFFERINGS

[BOOK ii.

1666.

under. And being full} persuaded,
that this league, however misrepre
sented, contains nothing in it sinful before
God, derogatory to the king s just authority,
the privileges of the parliament, or liberty
of the people : but, on the contrary, is the
surest bond whereby all these are secured,
since a threefold cord is not easily broken,
as we shall make it appear in our next and
larger declaration, which shall contain more
fully the proofs of the lawfulness of entering
into covenant, and necessity of our taking
arms at this time for the defence of it, with
a full and true account of our grief and
sorrow for our swerving from it, and suffer
ing ourselves to be divided, to the reproach
of our common cause, and sadeningthe hearts
of the godly; a thing we sorrowfully remem
ber, and firmly resolve against in all time
coming." It is evident this paper was drawn
in haste, and in the midst of other manifold
confusions, and yet it contains a very plain
and short stating of their cause, and a fair
owning of the king s authority. The larger
declaration which they promise, I have not
seen, and question much if they got it per
fected before their defeat at Pentland.

It was at Lanark this rolling snow-ball
was at the biggest, all their additions they
could expect from the south and west being
come up to them. Here their number was
judged to be near three thousand, but indeed
a company of raw undisciplined men, neither
tolerably armed, nor in any order. It was
the opinion of many, that if they were to
engage with the regular troops, it had been
best to have done it here, since after this
they melted away very sensibly ; and, upon
a supposition of their defeat, it would have
been much their advantage to have met with
it here, where the country was their friends.
Indeed further east they had very few, and
this the handful who remained felt after
wards. About this time major Kilgour, and
Mr. John Scot, minister of Hawick, came
from the east to have joined them; but,
when they observed their want of order and
discipline, they quickly left them.

While they were at Lanark, William
Lawrie of Blackwood came up to them.
They hoped he was to have joined them, but
he undeceived them, and signified he was

come from duke Hamilton to commune with
them, and to know what they desired, and
to prevail with them, if possible, to lay down
their arms. Whether this message was real,
or only designed for their trial, I know not;
but the gentleman produced no documents
of any proposals from the duke, and he took
not the way to do business, never applying
himself to colonel Wallace, or any of the
officers of the army, but spoke only a little to
Mr. Gabriel Semple, and quickly withdrew.
The council of war did not take this well,
and afterwards wished they had made him
prisoner, since this method he took, looked
as if he had come to get information of their
power and numbers. Meanwhile, all the
country was in motion ; every sheriff mus
tered the heritors and fencible men, and all
appeared ready to suppress this open rebel
lion, as it was termed. Reports and lies
were spread to alarm the country, and stir
them up against the people now in arms.
It was pretended, forty ships with aa army
from Holland, were landed at Dunbar to
assist the Whigs. Such senseless stories
were coined to render this small handful
odious to the country, and especially to
England, who at present were in war with
the Dutch. However, as our proverb runs,
" after word comes ward ;" the first assist
ance ever this contending party for our
religion and liberty got, and their first relief
was from Holland, some twenty-two years
after this.

Let me now take a further view of the
council s procedure at Edinburgh. Upon
the 26th of November, they order some
suspected persons in Teviotdale to be secur
ed ; their names are not in the registers.
Ten pounds sterling is ordered out of the
exchequer, for paying of horses to be sent
out morning and evening to get intelligence.
The arms in the castle of Edinburgh are
put in order, and some of them sent to
Stirling. Cannon are brought down from
I the castle, and fixed at the gates of the
town. The gates are ordered to be shut,
and none permitted to come in or go out,
but such as had a pass : for which end,
guards are set at every gate. No horses
are permitted to go off the town ; and orders
are issued out, that a great many lances and

CHAP. I.]

pole-axes be immediately made, for the use
of the government, at Culross, Dumfermline,
and other places. November 27th, a letter
from the king to the council, comes, approv
ing their diligence in what they had done,
and promising further instructions very
quickly with the commissioner, and suspend
ing the putting in execution an order lately
sent from court, for taking and subscribing
the declaration ; of which I know no further
than what is expressed in the letter, which
I have added, in a note.* But it would
seem the court began to be sensible, that
the violent obtrusion of the declaration,
and other impositions, had exasperated the
spirits of the country, and put them upon
rising in arms; and were willing to desist
from these, at least at this present juncture.
" The same day the council write a letter
to the earl of Rothes at London, signifying,
that the rebels are advancing to Edinburgh,
and some of them come near Torphichen,
and their whole body not far off; that they
are determined to maintain the town. Their
numbers are said to be about three thousand;
their commanders are colonel Wallace, col
onel Gray, major Lermont, and some others

OF THE CHURCH OF SCOTLAND.

27

* King s letter to the council, November 2fah,
1666.

Right trusty, &c. We have seen your letter
of the 17th of this month, with the account of
what then you knew of the rebellious insolence
at Dumfries : we have also seen the orders you
have given for the speedy march of our lieuten
ant-general, with such of our forces as he should
think fit, and for the concurrence of such persons
of quality, as live near those places where the
rebellion broke out. All which we do very well
approve, and doubt not but by God s blessing
upon our forces, and your counsels, the mischief
of this rebellion shall turn upon the heads of the
rebels. And we specially recommend to you all
care and diligence for preventing any joining
with the rebels ; and that you take special care
of our castles, and of the prisoners in them :
you shall also send us frequent intelligence of
what you hear, arid that by express packets :
and give order that our lieutenant-general keep
correspondence with our governor of Carlisle ;
and that also he send us a frequent account of
his proceedings, and direct his letters to Carlisle,
to be transmitted to us. We intend very speedily
to despatch our commissioner, who shall bring
our full directions ; and, until he come, you
shall suspend the putting in execution your
order for the subscribing^the declaration ; and
so we bid you heartily farewell. Given at our
court at Whitehall, the 21th day of November,

1666, and of our reign the eighteenth year By

his majesty s command, LAUDERDALE.

of no great note ; that by their last
letters from general Dalziel, they
find the rebels shun an engagement ; that
the general thought to have attacked them
in Mauchlin-muir, but they marched east
ward to Douglas Castle, near which they
continued upon Sunday ; that yesterday
they were at Lanark, and the general was
following them hard." But they take no
notice of the king s letter, which this day
they receive, and is recorded before theirs to
him, being unwilling as yet to suspend the
declaration. That same day the college of
justice formed themselves into a company,
for defence of the town, and had arms
distributed to them out of the castle ; and
for the further security of the metropolis,
the heritors of the Merse, Teviotdale, Tweed-
dale, and the Forest of Eterick,were called in.

Monday afternoon, Dalziel with his army
came up to Lanark; ere colonel Wallace
and his men left it, they were within view
of Stonebyres. Now the poor countrymen
had little time to deliberate: to march
eastward, looked like a plain flight, the
general following close upon their rear; yet,
chiefly upon the suggestions of some of the
common soldiers among them, that West
Lothian would join them, and some hopes
that the city of Edinburgh would receive
them, they resolve to go eastward, and to
be at Bathgate that night. A worse step
perhaps could scarce have been taken by
them ; this being plainly to run into a net
betwixt two armies, and on the sword point.
No friends were at Bathgate to meet them ;
Edinburgh was all up against them, and Sir
Andrew Ramsay the provost is mighty
active, and scarce an advocate but is armed
cap-a-pce, and every thing there is secured.
It is a fatal thing in such circumstances to
Jean to false intelligence; thereupon ground
less hopes are entertained, and unhappy
measures run into.

That night they came to Bathgate, through
almost an impassable muir, and one of the
worst ways in Scotland. The night was
extremely dark, and they reached not Bath-
gate till two hours after daylight was gone,
neither was there any accommodation to be
had there for men wet and weary, and almost
spent with fatigue. About eleven at night

166G.

28 THE HISTORY OF

they had an alarm of the approach
of the enemy, and at midnight were
obliged to begiu their inarch towards the
New Bridge. When they came that length
in the morning, they looked rather like dying
men than soldiers going to a battle. It
would have almost made their very enemies
themselves to relent, to have seen so many
weary, faint, half-drowned, half-starved men,
betwixt enemies behind, and enemies before.
It was reckoned, they lost that night near
half of their small army ; and truly, consid
ering the way, season, and weather, it was
a wonder the half of them got through : yet,
after all, they still entertained some hopes
from their friends in the "good town;" and
so resolve to march to Collinton, within
three miles of it ; though they should have
known there was an army at Edinburgh,
and the general with his army by this time
was come to Calder, within five miles of them.
Meanwhile, all gentlemen and others who
have horses in Edinburgh, are by the council
ordered to mount them, and march out,
under the command of the marquis of Mon-
trose, to join the general. At Bathgate, the
27th, or early on this day the 28th, Mr.
John Guthrie fell into a most violent fit of
the gravel, to the greatest extremity a man
could be in, no doubt occasioned by the
cold, and ill accommodation he had got these
days bypast, and was carried off at the desire
of all present; and so he was not at the
engagement.

This day or Monday, a few gentlemen in
Renfrewshire, and their neighbours, had
gathered together a small company of horse
men, some call them about fifty, with a
design to join colonel Wallace : but when
they were gathering, and a little way upon
their road, information was given them, that
Dalziel was betwixt them and their friends ;
and upon this they saw good to retire, and
dismiss. The captain of this little troop
was William Muir of Caldwell, and with
him were Robert Ker of Kersland, Caldwell
of that ilk, the laird of Ralston, John
Cunningham of Bedland, William Porter-
field of Quarrelton, Alexander Porterfield
his brother, with some others. They had
with them Mr. Gabriel Maxwel minister at
Dundonald, Mr. George Ramsaj minister at

THE SUFFERINGS [BOOK II.
Kilmaurs, and Mr. John Carstairs minister
at Glasgow. The last, I am told, came with
them much against his inclination, and
engaged only to obtemperate the importunity
of his friends, and not till he had reasoned,
as far as was proper, against the project,
and very much dissuaded from it. The
laird of Blackston, in the shire of Renfrew,
was likewise with the foresaid gentlemen,
but, it would seem, very accidentally. I am
informed, that when they were met at a
country house, one of them saw Blackston
riding by, as was afterwards known, with a
design to have joined Dalziel. Mr. Gabriel
Maxwel went out to him, and, after some
communing, prevailed with him to join with
them : but he was so far from being a friend
to the cause they were appearing for, that,
I am told, as soon as he heard of the defeat
at Pentland, he went to the archbishop of
Glasgow, and, upon a promise of pardon,
discovered and informed against the rest.
I have the following account from other
good hands in a different turn, that Black
ston came to that meeting, not accidentally,
but from a real regard to the cause colonel
Wallace was appearing for ; that the gentle
men were surprised when he came to them,
as knowing his head was not so fully poised,
as were necessary for consultations of that
nature they were engaged in, and therefore
kept their meeting apart from him ; that he
still hovering about the door, unhappily
spied a footman of my lady Rothes s carrying
letters to Eglinton : he, out of his ungov-
erned zeal, laid hold on him, opened the
letters, and after perusal of them, and
returning them, sent him oft : that the other
gentlemen were highly offended at him for
so doing, and thereupon broke up ; and
that he himself, afterwards reflecting in cold
blood on what he had done, thought fit
to redeem his own neck by accusing his
neighbours. The reader will find him after
ward led as a witness against the rest very
early : and December 1st, in the council
registers I observe, " Maxwel of Black
ston, and Houston his servant, com-

peared and delated the laird of Caldwell,
and several other gentlemen, to have risen
in arms for assisting the rebels." The
council confine him to his chamber in

CHAP. I.]

Edinburgh ; and upon the 6th of December,
they take off his confinement, upon a bond
of a thousand pounds sterling, to appear
when called. It was remarked, that after
this providence frowned very much upon
him, and every thing went cross. This he
himself is said to have acknowledged, in a
paper he left behind him, when, a good
many years after this, he went for Carolina,
but he died at sea by the way.

Some of the many sufferings of those
worthy gentlemen concerned in that meeting,
may be hinted at afterwards ; but I am sorry
so few accounts of them are come to my
hand: if they escape the sword at Pentland,
because not there, they did not escape the
persecutors fury in a very little thereafter.
Their houses were rifled, themselves forfeited
and exiled. The estate of Caldwell, the
best by far of any concerned in this affair, is
given to general Dalziel, upon a sentence
passed in absence, forfeiting him for being
upon the road to join colonel Wallace.
The times were so ill, the gentlemen durst
not personally compear, otherwise very re
levant defences might have been proponed.
This good man died in exile, leaving his
excellent lady, and four orphans, destitute
of all visible means of subsistence : some of
their hardships will offer afterwards : I only
remark here, that the lady Caldwell had a
dowry ensured to her according to her rank,
out of the estate of Caldwell : but having
neglected to take infeftment upon her con
tract, before the forfeiture, she lost that, and
was forced to live with her children in great
straits. Kersland s good estate was given
to lieutenant-general Drummond. In their
hands these two estates contiuned until the
revolution.

But to return to colonel Wallace and his
decreasing army, when they are in the way
to Collinton, the laird of Blackwood came
up again to them, as sent by duke Hamilton,
to entreat them to lay down their arms in
hopes of an indemnity, which the duke
promised to endeavour to procure. This
gentleman concurred very earnestly with the
duke s proposal. The colonel, and these
with him, did not think they were out of
their duty, and were much set upon pre
senting the grievances they and the country

OF THE CHURCH OF SCOTLAND.

29

lay under, in order to have them
redressed ; and nothing of this being
in the overture made, they could not fall in
with it, and dismissed Blackwood, signifying
they hoped for other things from him : and
came to their next stage at Collinton. When
it was too late, there they found, that none
of their friends in Edinburgh, or the east
country, would stir; many were hearty well-
wishers to them, but few had clearness to
take up arms in such circumstances ; and
those who had, found all the avenues stopt,
and could not possibly appear. Here both
their hopes and counsels were at an end.
When at this pass, Blackwood comes a third
time, and with him the laird of Barskimming,
to renew the former proposal, withal signify
ing he had obtained the general s word of
honour, for a cessation of arms till next
morning, and that he had undertaken as
much for them. Finding themselves now
very much disappointed, and in a very ill
taking, at length they condescend in their
council of war, to name a commissioner to
go back with Blackwood to the general, and
treat with him in their name. Their com
missioner being outlawed, Blackwood and
the other gave it them as their opinion,
that the gentleman proposed would not be
acceptable ; therefore they conclude to write
to the general, by the two come from him.
The letter was drawn, and signed by colonel
Wallace. I have not been able to come by
a copy of it, but am told it contained a
representation in short of their sad oppres
sion and heavy grievances, a declaration of
their design to apply to the council for
redress, and their desire of a pass for one of
their number, that might represent their
grievances and desires more fully. They
concluded with a request, that Blackwood
might return to them with the general s
answer, as soon as might be. Instead of
this, Dalziel, upon receiving of their letter,
despatches Blackwood in all haste to Edin
burgh, to lay the letter before the council,
and writes with him his own sentiments, and
an account of his present circumstances.
How this was received at Edinburgh I have
no further accounts than the following letter
to the general, which I find in the council
books, dated this day. It appears to be

SO THE HISTORY OF

Iffif w " t a ^ cr ^ 1C accoun t s of a begun
action, between the general and
colonel Wallace, were reached Edinburgh:
and I insert it here.

" Right honourable,

" The letter dated at Killeith (Kenleith)
this day, from the earl of Newburgh, bearing
the letter sent from one Wallace to your
excellency, was read in council, and the
proposals made in that letter considered,
wherewith they are no ways satisfied. And
because they seem to ground themselves
upon the proclamation, they have sent one
of the printed copies, whereby it will appear
there is no such thing held forth, as they
pretend unto : and all they can expect from
it, is, that if they should lay down their
arms, and come in to your excellency within
the time appointed, they might petition for
mercy. We are glad to hear your excel
lency hath now engaged the rebels, we hope
in a short time to have an account of them,
which shall be welcome news to

" Your humble servant,

" ST. ANDREAVS, I. P. D. C.
" November 28, 1666."

Whether the general, by sending this
letter to the council, had any view of favour
to the country people, I shall not determine :
but it would appear all was trick and amuse
ment, till he should come up with the
colonel and his men, since no return was
made to them, as they desired, nor the least
hint given them, of the sending their letter
to the council ; and so, notwithstanding of
all the assurances given of a cessation of
arms, he marches his army straight towards
them. Colonel Wallace and his men, not
withstanding of this imperfect sort of treaty,
resolve on the best retreat they can, for
their own safety, and sustenance in the mean
time ; and turning by the east end of Pent-
land Hills, they resolve on the way to Biggar.
From Collinton they march to the House in
the Muir ; and from thence to the fatal spot
called the llullion Green, where they draw
up the dispirited remains of an army, not
exceeding nine hundred weary spent men.
The reason of their forming themselves
there, was not any view of a buttle, for they

THE SUFFERINGS [BOOK II.

were still in some hope of a peaceable con
clusion, from Black wood s negotiation; Dtit
merely to review the state of their poor
companies, and to prevent straggling.

The order Wallace put his men in, was
this : upon the backside of a long hill run
ning south and north, he divided his men
into three bodies. Upon the south of the
hill there was a low shoulder, upon the
north a high and steep shoulder. Upon the
low shoulder southward he placed a small
body of horse, under the command of Bars-
cob, and the Galloway gentlemen : in the
centre were the poor unarmed foot, under
his own command ; and upon the left stood
the greatest part of his horse, under the
command of major Learmont. This handful
were scarce well put in this posture, when
they were called to other work than a review.
An alarm comes that a body of horse is
approaching them. At first they pleased
themselves, that it might be some friends
coming to join them : but quickly they found
it was Dalziel s van, who had cut through
the ridge of Pentland Hills, and come straight
from Calder towards them, quite undiscov
ered till they were within a quarter of a
mile of them, upon a hill opposite to them.
There was a great descent and hollow
betwixt them, so they could not meet on
that side. When they had viewed each
other for some time, Dalziel sends out a
party of about fifty horse to squint along
the edge of the hill, and attack their left
wing. Wallace orders out captain Arnot
with a like number of horse, to receive them.
The captain came up with the general s
detatchment upon a piece of level plain
ground. After both had spent their fire,
they closed upon the sword point, and
fought it very stoutly for a good while. At
length, notwithstanding all their advantages,
Dalziel s men run; and had it not been for
the difficulty of the ground, their loss had
been far greater than it was. Divers fell
on both sides; and of the captain s party
Mr. John Crookshanks, and Mr. Andrew
M Cormock, two ministers who had come
from Ireland, and had very much encouraged
the people to this undertaking.

Upon this little advantage, Wallace ad-
vunceth with a party of foot towards the

CHAP. I.]

body of the enemy s horse, they being on a
ground, upon that side inaccessible by horse.
This obliged them to shift their station, and
to draw up on a bank or rising ground a
little more easterly; and there they con
tinued till all their foot came up. These
being arrived, the general advanced towards
Wallace, and drew up his whole army upon
the skirt of the same hill, whereof the col
onel had the ridge, which is called the
Rullion Green. Being thus posted, the
general orders out a great body of horse,
attended with some foot, to attack the wing
commanded by major Learmont. To meet
those, Wallace orders out another party of
horse flanked with foot. After firing on
both sides, they close one upon another, and
Wallace s foot force DalziePs to give way,
and his horse run also. A second party of j
horse, the same way, come from the general
upon the same wing, and a second party
meet them with the same success, and chase
them beyond the front of their army. But
a third body of horse, for the general had
abundance to spare, coming up, made Lear-
mont s men retire up the hill to their first
station : and thus the dispute is mostly
upon the left wing of Wallace s army. When
they had acquit themselves so gallantly,
Dalziel advances his whole left wing of
horse, upon the colonel s right, where he had
scarce thirty weak horse to receive them.
These were soon borne down, and the gen
eral carried the charge so briskly that all
Wallace s companies gave way, were put
out of their order, and never able to rally
again. The slaughter was not very great.
The colonel had happily placed his men, and
most of them were upon the top of the hill,
and got the easier off. It was almost dark
night before the defeat ; and the horsemen
who pursued, were most part gentlemen,
\\nd pitied their own innocent and gallant
c ountrymen. There were about fifty of the
countrymen killed, and as many taken pris
oners : a very few of Dalziel s men were
killed, but several wounded.

After I had formed the above narrative of
this rising and defeat, there came to my
hand a very distinct information of this
affair, from an old reverend minister, who
was present with Colonel Wallace s army

OF THE CHURCH OF SCOTLAND.

31

for the most part, and in the action ; ,
which containing several particulars
I have not met with elsewhere, and being
but short, I have insert it here.

Information sent to the author of this history,
as to the rising in Galloway, dissipated at
Pcntland, November 1666, by a minister
present with the country army.*
" I was prevailed upon by Mr. Welsh, min
ister of Irongray, and some others, to join
with that party in Galloway, sore oppressed
by the inhumane cruelties of Sir James
Turner, for their nonconformity to abjured
prelacy. A little while after they had seized
Sir James, that his cruelties in that corner
might be stopt, and when they were resolving
to march to Edinburgh, to represent their
grievances, you know, they were broken at
Pentland Hills, many of the prisoners were
executed, and those of any note who escaped
were forfeited in life and fortune in absence,
most illegally. In this Sir John Nisbet,
king s advocate, was most active, and fearing
after inquiries, he procured an act of the
first parliament after, approving this piece of
injustice.

" The country people who came to Dum
fries, were commanded by Andrew Gray,
and John Neilson of Corsack, and by a
surprise apprehended Sir James Turner in
his chamber in Bailie Finnie s. They soon
after marched to the west country, having
sent messages to their acquaintances in the
neighbouring shires to assist them.

" I took with me major Learmont, son-in-
law to the laird of Annstoun, who lived
near me, an officer of skill, great resolution,
and courage. We met our friends on the
hills above Galstoun. It was found neces
sary to halt a little in that country, till we
should see if friends would join. Some
went to Mauchlin, others to Tarbolton :
the major and I went next day with about
fifty horse to the town of Ayr to take up
quarters. The magistrates fled, but we
hearing where one of them was, obliged him

* This minister evidently was Mr. William
Veitch, settled after the revolution, first at
Peebles and latterly at Dumfries, where he died
in the month of May, 1722. Ed.

THE HISTORY OF THE SUFFERINGS

1GGC.

[BOOK II.

but could have no access into the town, all
the ports being shut, and saw nobody that
night, save old Mr. Arthur Murray, a min
ister turned out of his charge in Orkney :
his wife essayed to get into the town with a
verbal message to the gentleman, but by no
means could be admitted,

" Next day, I went, through many diffi
culties, to our friends, who were now come
from Collinton to Pentland Hills. When I
had passed lloslin-muir, and was come to
Glencourse water, I fell in almost with an
advanced party of the king s horse; but was
relieved by the rear of our friends.

"By this time, November 28th, a fair
council of war was called, of officers and j frosty day, after a sore night of frost and
gentlemen, who communicate advices with ! snow, when colonel Wallace got intelligence,
the ministers. By the generality it was j that general Dalziel was coming from Currie
thought safest to bide at Lanark, the rains | through the hills, and a considerable party
having made Clyde unpassable, except by j of our men were upon a hill, commanded by
boats, which were broken ; and there was j Barmagachan, and Mr. Crookshanks, and
no great probability of the river s falling,
and a few men might have prevented the
king s forces to come through it to us : but

to give billetvS for seven or eight
hundred horse and foot. Here
worthy Mr. Hugh M Kail turned sickly, but
recovered.

"From Ayr we marched up the water
toward Douglas, and from that to Lanark.
Meanwhile, Dalziel and his forces were
come west, to meet us, the length of Strath-
aven ; but hearing we were got betwixt them
and Edinburgh, they came close after us.
When we came to Lanark, I know not if we
were much above fifteen hundred horse and
foot ; several indeed were daily joining us.

" There we had accounts the general
would be upon us that night. Presently a

a letter at this time came to Mr. Welsh and
Mr. Semple, from a gentleman at Edinburgh,
who was a real friend, pressing us to come
as near that place as might be, and giving
hopes both of assistance and other necessar
ies. This altered the first project, and the
army marched straight to Bathgate, under
many inconveniencies ; and there being no
accommodation there, we went forward to
Collinton.

" There I was pitched upon to go in to
the town, and converse with that gentleman,
if possible. When I came thither, all the
roads were guarded, and my lord Kingston
with some forces, keeping the main guard at
Brandsfield-links. Having taken by-roads
till I came to Libberton Way, I was stopped
at the Wind-mill, and carried to my lord
Kingston. I made a shift to satisfy him, by
desiring two soldiers to go with me to the
dean of Edinburgh, Mr. Lawrie,and he would
know me. My lord was very civil, and told
me, Mr. Lawrie and his friends would be
retired for safety to the Castle, and dismissed
me, which was a very providential deliver
ance to me ; for just as I was going off, I
saw Mr. Hugh M Kail brought in prisoner

Mr. M Cormock, two Irish ministers were
with them.

" In about half an hour, lieutenant-gene

ral Drummond, with a select party, were
sent against us upon the hill, but were beat
off with some loss ; though the general
assured those about him, that party would
do our business, and the rest needed only
stand and see fair play. When the lieuten
ant-general was driven back, there was no
small confusion among the army, and not a
few threw down their arms; yea, Drummond
himself owned afterwards to Mr. James
Kirkton, from whom I have the account,
that if we had pursued the chase, in the
confusion they were under, the general s
army might have been ruined. Mr. Crook-
shanks and Mr. M Cormock were both
killed in this rencounter.

" Major Learmont commanded the second
attack, when we beat the enemy again, and
duke Hamilton narrowly escaped, by dean
Ramsay s warding off a blow a countryman
was just giving the duke. The general sent
up a party who relieved the duke, beat back
the major : his horse was shot under him,
and falling, he stepped back a little to a
fold-dike, and killed one of the four horse
men who pursued him, mounted his horse,
and came safe off from the other three.

to my lord. I lodged in the Potter-row, j " The last encounter was after sunset,

CHAP. I.]

when the general s foot, flanked with their
horse upon all hands, overpowered us, broke
our ranks, and we gave way. Our horses
not being trained, was a great loss to us.
Many more had been killed and taken, had
not the night prevented it. I fell in with

OF THE CHURCH OF SCOTLAND.

33

1666.

ticable,considering the circumstances
narrated above. His bite upon major
Learmont, that he had been formerly a
tailor, is not worth noticing.f I know not
what truth is in the fact ; but I could give
instances of tradesmen in their youth, who

a whole company of the enemy, who taking ; have gone into the army, and proved eminent

me in the dark for one of their number,
carried me down the hill a little with them
in the pursuit, till I got to a side, and
having a sturdy horse, turned off from them,
and was pursued, but happily escaped."*

It is scarce worth while to take notice of
the misrepresentations the English historians
give of this rising and engagement. That
party-writer of the caveat for the Whigs,
published toward the close of the last reign,
in order to corrupt the commonalty of
England, and dispose matters for the present
attempt of the pretender (1715) hath as
many lies as words almost in his account
of this matter. He pretends this rising was
in concert with the Whigs in England, and
the republicans in Holland ; whereas it
was entirely unconcerted. He talks of the
leaders of their troops being tailors, and
outed preachers ; that five hundred of them
were killed at Pentland,and near a hundred
executed. So gross misrepresentations need
no reflections.

Mr. Eachard, Hist, of England, vol. III.
in his accounts of this matter, hath copied
several of the blunders formerly printed by
his countrymen. He insinuates a corre
spondence betwixt the presbyterians in Scot
land and those in England, without the least
proof; and indeed it was not capable of
proof, such a correspondence not being prac-

* Mr. Veitch has recorded a still more extraor
dinary escape, that he had upon the Friday
following, on the night of which, he had gone
upon some business to the house of his landlord,
the laird of Auldstain or Austaue, who, was
father-in-law to major Learmont. In hopes of
finding this latter gentleman, Dalziel s troop of
dragoons, were in the very act of surrounding
the house, when Mr. Veitch approached. Being
attired in a country habit, the same as a common
peasant, he went boldly forward to one of his
neighbours, who was holding five of the troopers
horses, and accosting him familiarly by his name,
inquired what he thought of the weather, or, if
it was to be snow. His neighbour with the
same presence of mind, accosted him by the name
of Willie, and gave him two of his horses to
hold, which he did till the search was over,

II.

in the art of war ; and the major s bitterest
enemies owned him to be a very good officer.
What follows is a plain falsehood, that most of
their officers were cashiered preachers. And
though several of the outed ministers were in
company with the west country army, there
was not one of them an officer or had any
command over the soldiers. Presbyterian
ministers leave those things to another set
of clergymen, who claim the privilege of a
double capacity, and act in it where they
see it for their interest ; and, under pretext
of their temporalities, can make a shift to
be princes palatines, members of parliament,
lords high treasurers, plenipotentiaries, pre
sidents of the privy council, and what not.
Mr. Eachard has known very little of the
story, when he talks, they were met in the
height of their power by the king s forces.
A third part of those who had been together
the day before the engagement, were not at
the battle; and, considering all things, it
was much so many of them kept together.
Those things indeed are scarce worth the
observing, were it not, if possible, to prevent
other subsequent historians from copying
after Mr. Eachard, as he has done from
those that went before him, in our Scots
affairs, to which they have been very much
strangers.

Those remarks upon Mr. Eachard, relate

when, with his bonnet under his arm, he held
the stirrups to the troopers mounting their
horses, who, immediately rode off, without
suspecting who had been their assistant. Vide
Life of Veitch, by Dr. M Crie, pp. 45, 46. Ed.
f Law in his memorials has stated, that Lear
mont was a tailor to his trade, (p. 216,) on
what evidence does not appear, but it is cer
tain, that he was proprietor of the lands of
Newholme, which lay partly in the shire of
Peebles and partly in the shire of Lanark.
[Sampson s Riddle, 48. } After his forfeiture
tor being in the rising at Pentland, his
brother-in-law William Hamilton of Wishaw,
writer in Edinburgh, in consequence of a
composition obtained a donation of the estate

of Newholme, for the behoof of his family

M Crie s Life of Veitch, &c. pp. 79, 40. -Ed.

166G.

S4f THE HISTORY OF

likewise to the author of the Com
plete History of England, whom, in
Scots affairs the archdeacon pretty closely
follows ; only the bishop hath an ill-natured
turn, the rigid presbyterians, says he, were
as mutinous as the popish tories in Ireland.
This must be reckoned a spiteful, as well as
an ignorant comparison, since, as the pres
byterians were not as yet, with any colour
of reason, to be divided into rigid and not
rigid, they all, without exception, owned
the king s authority, and submitted to every
thing save episcopacy ; so there was no
mutiny in the case, but horrid oppression
from the soldiers hounded out by the pre
lates, which this author might have known
from Naphtali, and other printed accounts,
and so spared this odious comparison.

After this engagement, November 28th,
1666, the country people were very cruel
to the poor fleeing men. Many of them
were killed, and severals taken priso
ners by the people in the parishes round
about. I am well informed, that some
visible judgments of God did come upon
some of them for their cruelty and murder.
Colonel Wallace and Mr. John Welsh fled
over the hill northward; and when they had
turned their horses from them, entered into
a countryman s barn that night ; and, after
some very refreshing rest, got off undis
covered. We shall afterwards meet with
Mr. Welsh about his Master s work. The
colonel, after some wanderings, got over to
Holland, and lived many years there; but
never returned to his native country.

Thus was this body of good people broken
and dissipated. It was next to a wonder,
and can scarce be accounted for, except
from the goodness of their cause, that they
were so brave on this day of their defeat, if
either the constitution or circumstances of
such an army be considered. They were
but a small handful of untrained, undisci
plined countrymen, who had never seen
war; they had very few officers, and these
had little authority. Every private man in
such a gathering, readily must either be let
into the secrets of the council of war, other
wise he is in hazard of clamouring his
neighbours in the company into a mutiny,
and then of deserting upon a scruple. So

THE SUFFERINGS

BOOK II.

hard a matter did admiral Chattilon find it
to command an army of volunteers. And
the inexpressible hardships the poor people
had been under for some time before their
* engagement, heighten the wonder. The
commanding officer, colonel Wallace, was a
gentleman, a good soldier, bold and resolute ;
but such an undertaking was for a man of
miracles. Their enemies very much com
mended their gallantry and courage ; and
yet under such disadvantages as they had to
wrestle with, they could not but give way.
Two parts of their company had deserted
them ; they were perfectly spent and wearied,
and surprised under a begun treaty, and
overpowered with numbers of fresh horse
and men, many of them disciplined troops,
and none of them under their difficulties
and discouragements. They always pro
tested and declared, their only design was
to present their grievances, and testify for
their God and their country, for religion and
liberty; and herein holy and infinitely wise
providence accepted of them, and smiled
upon them, albeit not in a way of victory
and success, yet in the road of noble and
unshaken steadfastness and suffering, which
turned very much to the advantage of the
interests they appeared and testified for.
This account shall be concluded with the
letter the council wrote to the king, the
day after this engagement.

" May it please your majesty,
" Since the first notice we had of the late
insurrection in the west, we have from time
to time given an account of it, and the pro
ceedings against it, to the earl of Rothes, to
be communicated to your majesty : and now
we presume, by this humble and immediate
address, to make known to your majesty,
that yesterday in the afternoon, the general,
and noblemen with him, and your forces
under his command, gave them a total rout
at the south side of Pentland Hills, about
seven miles from Edinburgh. Many of
them were killed in the field. There be
several prisoners, against whom there shall
be speedy proceedings, according to the
laws against traitors : and if night had not
prevented your majesty s forces in the pur
suit of the rebels, none of them had escaped.

CHAP. I.] OF THE CHURCH

And although this rabble be totally dissi
pated for the time, yet we conceive ourselves
obliged, in the discharge of our duty, to
represent unto your majesty, that those
principles which are pretended as the ground
of this rebellion, are so rooted in many
several places through the kingdom, and
there be such just grounds of apprehensions
of dangers, from persons disaffected to your
majesty s government, as it is now estab
lished by law, as will require more vigorous
application, for such an extirpation of it as
may secure the peace of the kingdom, and
due obedience to the laws: and we shall
not be wanting in any thing in our power;
and your majesty s commands shall be
obeyed by

" Your majesty s most, &c.

" ST. ANDREWS.
" MONTROSE, REGISTER,

HADDINGTON, ADVOCATE,
DUMFRIES, JUSTICE-CLERK,

SINCLAIR, LEE,

HALKERTON, NIDRY,
BELLENDEN, SIR R. MURRAY.

PRESIDENT,

Edinburgh, Nov. 29th, 1666."
This letter breathes forth a spirit of
cruelty peculiar to the president and prelates.
I make no reflections upon it : they fairly
own the prejudice generally prevailing now
against the prelates for their oppression,
and inclinations toward a freedom from
that yoke ; and seek further severities, and
a standing army. But I come now to give
account of the sufferings of those taken at
Pentland.

SECT. III.

Of the sufferings and execution of such tuho
were taken at Pentland, with some reflec
tions upon their death.

HAVING given an unbiassed account of this
rising, as far as my materials would carry
me, I come next to offer some short narra
tive of the cruelties exercised upon so many
of this broken party, as came into the
managers hands. Many came to be sharers
with them in sufferings, who had not been
up in arms with them, as may afterwards
come to be noticed.

OF SCOTLAND. 35

Now the prelates made a terrible
clamour, and took care to load the
whole body of presby terians, ministers, and
people, as concerned in this rising; and
misrepresented them as rebels, enemies to
the government, and what not : and a handle
was taken from this appearance in arms
which was very far from being any concert
among presbyterians through the nation, to
violent and bear down all of that designation,
ministers and people, as common enemies.

The utmost care had been taken, before
and after the battle, to prevent their escape.
Upon the country peoples moving from
Collinton, the council sent one Patrick Mur
ray to Tevoitdale, to acquaint the heritors,
the rebels were moving eastward, and all
the passes were appointed to be guarded.
Immediately after the engagement, they send
expresses to Berwick, to stop the rebels
who came to the borders ; and likewise
order earls Annandale, Nithsdale, and lord
Drumlanerk, and others in that country, to
keep the forces together they had raised, in
order to apprehend the rebels upon their
return. Also the forces at Linton Bridge,
are ordered to keep together till Saturday s
night. Next day, November 30th, the lord
treasurer is ordered by the council, to secure
all the goods and rents belonging to any of
the rebels indicted or to be indicted, and to
intromit with them; with a reservation of
their dues resting to their masters : and all
hazard being now well nigh over, the council
give liberty to all the forces in the Merse,
Tevoitdale, and the Forest, (Ettrick Forest)
in Dumbarton and Stirling shires to dismiss.

After all this care in the council, now
managed by the primate, I need scarce
notice, that the difficulties and hardships of
many who had got off from Pentland with
their lives, were very great : not a few who
had escaped the sword at Rullion Green,
were most cruelly murdered by the country
people; the common people, in many places
about, wanted the bowels of men, not to
say Christians, toward the scattered party.
Yea, so inhumane were some, as to break
in upon the graves of those who had been
buried, that they might get the linen some
good people in Edinburgh had provided to
bury them in ; and multitudes were forced

36 THE HISTORY OF

for many years to lurk and hide
themselves, and undergo inexpres
sible hardships, having their life as it were,
every day in their hand.

To render their life more uneasy, and to
involve others who should show them the
least favour, a proclamation comes out,
December 4th, which I have insert as a
note.* There is a reference made here to
their former proclamation, making it treason
to assist, supply, or correspond with any
that had risen in arms ; and that no subject
may harbour, reset, hide, or conceal any of
them, or they must be brought to trouble
therefore. The names of about sixty are
set down ; and the proclamation adds, " or
any others who concurred or joined in that
rebellion;" with certification, that all who
fail herein, shall be reputed guilty of their
crime. The hardships of this are plain, and

* Proclamation discharging the receipt of the
rebels, December th, 1666.

Charles, by the grace of God, king of Scotland,
England, France, and Ireland, defender of the
faith, to all and sundry our lieges and subjects
whom these presents do or may concern, greet
ing: forasmuch as, upon the first notice given
to our privy council, of the rising and gathering
of these disloyal and seditious persons in the
west, who have of late appeared in arms, in a
desperate and avowed rebellion against us, our
government and laws, we declare them to be
traitors, and discharged all our subjects to assist,
reset, supply, or correspond with any of them,
under the pain of treason : and the said rebels
and traitors being now, by the blessing of God
upon our forces, subdued, dissipated, and scatter
ed, and such of them as were not either killed
or taken in the field, being lurking in the
country ; and we being unwilling that any of
our good subjects should be ensnared or brought
in trouble by them, we have therefore, by the
advice of our privy council, thought fit again
hereby to discharge and inhibit all our subjects,
that none of them offer or presume to harbour,
reset, supply, or correspond, hide or conceal the
persons of colonel James Wallace, major Lear-

mont, Maxwell of Monrief younger, _

Maclellan of Barscob, Gordon of Parbreck,

Maclellan of Balmagachan, Cannon of

Burnshalloch younger, Cannon of Barley

younger, Cannon of Mordrogget vounger,

Welsh of Skar, Welsh of Cornley,

Gordon of Garery in Kells, Robert Chalmers
brother to Gadgirth, Henry Grier in Balmac-
lellan, David Slot in Irongray, John Gordon in
Midton of Dairy, William Gordon there, John
JYIacnaught there, Robert and Gilbert Cannons

there, Gordon of Bar elder in Kirkpatrick-

durham, Patrick Macnaught in Cumnock, John

Macnaught his son, Gordon of Holm

younger, Dempster of Carridow,

of Dargoner, of Sundiwall, Ramsay in

THE SUFFERINGS [BOOK II.

likewise the uselessness of inserting so many
of their names ; since converse &c. with
such who are not named, runs a person as
deep in guilt, as with such as are named.
I shall make no reflections on the list in
the proclamation. John Semple is named
among the ministers, and every one was
ready to take it for John Semple, minister at
Carsfairn, whereas he was no way concerned
in this business. Accordingly, I find this
pious plain man, upon the 13th of Decem
ber, petitioning the council, " that whereas
one of the same name with him, is insert in
the late proclamation, as among the rebels,
whereby he and his family living peaceably
these fifteen months at Currie, in their old
age, he being sixty-four, and his wife seventy
years, are brought to great trouble, craving
redress." Which being found true, the
council permit him to live still there, and

the Mains of Arniston, John Hutchison in New-
bottle, Rew chaplain to Scotstarbet, Patrick

Liston in Calder, William Liston his son, James
Wilkie in the Mains of Cliftonhall, the laird of
Caldwell, the goodman of Caldwell, the laird of
Kersland, the laird of Bedlandcunningham,

Porterfield of Quarrelton, Alexander Por-

tertield his brother, Lockhart of Wicket-

shaw, Trail, son to Mr. Robert Trail,

David Poe in Pokelly, Mr. Gabriel Semple,
John Semple, Mr. John Guthrie, Mr. John
Welsh, Mr. Samuel Arnot, Mr. James Smith,

Mr. Alexander Pedin, Mr. Orr, Mr.

William Veitch, Mr. Patton, Mr.

Cruikshanks, Mr. Gabriel Maxwell, Mr. John
Carstairs, Mr. James Mitchell, Mr. William
Forsyth, or any others who concurred or joined
in the late rebellion, or who, upon the account
thereof, have appeared in arms in any part of
that our kingdom ; but that they pursue them
as the worst of traitors, and present and deliver
such of them as they shall have within their
power, to the lords "of our privy council, the
sheriff of the county, or the magistrates of the
next adjacent burgh royal, to be by them made
forthcoming to law: certifying all such as shall
be found to fail in their duty herein, they shall
be esteemed and punished as favourers of the
said rebellion, and as persons accessory to, and
guilty of the same. And to the end, all our
ajood subjects may have timous notice hereof,
we do ordain these presents to be forthwith
printed, and published at the market-crosses
f Edinburgh, Ayr, Lanark, Glasgow, Irvine,
Wigton, Kirkcudbright, Dumfries, and rema-
nent market-crosses of our said kingdom : and
we do recommend to the right reverend our arch
bishops and bishops, to give orders that this our
proclamation bewithall possible dilligence read on
the Lord s day, in all the churches within their
several dioceses. Given at Edinburgh, the fourth
day of December, and of our reign the eighteenth
year, one thousand six hundred and sixty-six.

CHAP. I.]

confine him to that place, and four miles
about it. The laird of Caldwell, and his
neighbours before mentioned, had no legal
evidence against them, of their being up in
this rebellion. I have been informed, sev
eral here named were not concerned at all
in the rising ; and Mr. John Crookshanks was
killed, and nobody in hazard of reset or
converse with him. It may be of some more
importance to observe, that upon December
1st, the council without any previous trial,
give orders to general Dalziel, "to search
for and apprehend all persons and their
horses, who have been in arms with the
rebels, or are suspected since, or before the
defeat, or who have reset, or being aiding to
them, and to intromit with their goods ; and
require him to quarter upon their lands with
his forces ; and duke Hamilton is appointed
to seize all such in Lanarkshire." This is
three days before the former proclamation,
which is pretended to be so much for the
good of the lieges ; and surely these orders
were either unreasonable, or the proclama
tion very useless, unless it be to convey
down to posterity, the names of those who
made so gallant a stand for their most valu
able concerns.

Together with this proclamation, I find
in the council registers an act of the same
date, against presbyterian ministers, entitled,
" act against deposed ministers." It runs
thus, " The lords of his majesty s privy
council being informed that there are many
deposed ministers who have transgressed
the act of council, of the date August
13th, 1663, in not removing themselves and
families out of their respective parishes,
where they were incumbents, and not resid
ing within twenty miles thereof, six miles of
Edinburgh, or a cathedral church, and three
miles of any royal burgh, whereby they
ought to be proceeded against as movers of
sedition : therefore they require the arch
bishops of St. Andrews and Glasgow to
ordain all bishops within their several sees,
to cause all ministers within their respective
dioceses, give up a list of such ministers
names, and of the place of their residence,
and in what manner they have transgressed
the said act, and report to the archbishops,
and they to the council." It hath been

1666.

OF THE CHURCH OF SCOTLAND. 37

formerly remarked, that obedience
to this act was next to impossible ;
and now the primate reckons it a good season
to harass his (once) brethren, and hound out
the army upon them, in order to throw the
odium of this rising upon them, when mean
while they were living peaceably.

I shall make one observe further, before
I come to give account of the severities
upon such who were taken at Pentland;
and that is, this disaster, and the cruelty
following on it, not only was matter of great
grief and heartbreak to the most part of any
piety and seriousness through Scotland, but
really hastened some to their grave. One
instance shall suffice, of that worthy old
minister Mr. Arthur Murray, who was upon
the matter a sufferer with those worthy
persons, unto death. This good and aged
man was living in the suburbs of Edinburgh,
through which DalziePs soldiers marched in
triumph. When he opened his window,
and saw them display their banners, and
heard the shouts of the soldiers triumphing
over the prisoners, he was struck to the
very heart, took his bed immediately and
died in a day or two.

But leaving those accessory sufferers, I
come to those who were taken in the
engagement itself. The prisoners, about
fifty in number, who were taken at the battle,
were brought in by the soldiers to Edin
burgh, and the country people brought in
about thirty more ; they were all crowded
together by the magistrates of Edinburgh, in
a place near the tolbooth, called Haddocks
Hole, which of late is turned to a better use.
The late French king, I am told, turned the
noble and capacious church at Charenton,
near Paris, to a draughthouse ; and this
place out of which those innocents were
taken, as sheep for the slaughter, is since
converted to a church. Some of the better
sort were put into the tolbooth, and as the
council promise in their letter to the king,
" very quick despatch was made of them."
Bishop Sharp the president, pushed violently
the prosecution and execution of the pris
oners ; and indeed his bloodthirsty temper
at this time made him very odious. I am
well informed, that after some of them were
condemned, and a few executed, a letter

38

THE HISTORY OF THE SUFFERINGS

1666.

came down from the king discharg
ing taking any more lives. This
letter came to the primate as president, and
ought to have by him been communicate to
the council ; but the bloodthirsty man kept
it up, till as many, as he had a mind should
die, were despatched.* This foul act of his
he was very justly charged with, by the
persons who some years after this, took away
his life ; and when he cried pitifully for mercy,

[BOOK II.

prisoners were brought in, the president
according to his cunning way of doing busi
ness, shuffled in the clause we have seen in
their letter to the king, to prelimit their
procedure, " that they would prosecute them
with all despatch." When this matter came
to be reasoned at the council table, Sir John
Gilmour the best lawyer among them, de
clined peremptorily to give his judgment,
knowing, as was then said, that if he gave

he was told, that as he never showed mercy his opinion for taking of their lives, he would
to others, so he was to expect none from go against both law and conscience ; and if

them. This base breach of trust was of a
piece with another step he took about this
time. When the country people were rising
in the south and west, he wrote up a letter
to Lauderdale or Rothes, to be commun
icated to the king, wherein he signified, that
all went well in Scotland, and that every
man was in his duty, except the few fanatics
who were in arms, whom he feared not. At
the same time he wrote a letter to another
nobleman at court, wherein he asserted all
was wrong, scarce any were faithful to the
king, and they were all sold. Both the
letters of the same date, were read to the
king, who now saw his dishonesty and double
face, which he would never believe before,
although he had several hints of it given
him. After this, I am told, the king never
gave him that credit he had with him before,
and trusted him very little.

However, at this time, with a great deal

he voted for sparing them, he would offend
both the president and prelates. It fell very
unhappily to one of the best of the coun
sellors, to give it as his opinion, when others
were silent, that though the prisoners had
their lives given them in the field as soldiers,
yet this did not prejudge their trial in law
as subjects. This was greedily backed by
the president, and insisted on as an oracle,
and gone into by the council, such who
were against it inclining to be silent ; and
the council remitted them to the criminal
court. They say that general Dalziel, when
he had the accounts of this, cursed and
swore terribly, and said, were he to serve the
king never so long, he should never bring in
a prisoner to be butchered.

Accordingly I find the council, upon the
4th of December, order the king s advocate
to pursue a process of forfeiture against
eleven of the prisoners, who were picked

of willingness he presided in council. When | out for the first bloody sacrifice: major
they met, the first thing before them was, ; John M Culloch, a reverend old gentleman,
what they should do with the prisoners. It captain Andrew Arnot, brother to the laird
seemed very natural to think they had their ! of Lochridge, Thomas Paterson, merchant
lives spared by the king, in as much as they ; in Glasgow, who was sentenced with the
had quarters given them, by such who had rest, but died of his wounds in prison ; the
the king s commission to kill or to save j two Gordons of Knockbreck, John Parker
alive ; and Grotius, De Jure Belli et Pads, | i n Busbie, Gavin Hamilton, James Hamilton
determ\nes,Jidc*estetiamrebembusservanda: m Kilmuir, John Ross in Mauchlin, John
but this reasonable and merciful construc
tion, agreeable to all the rules of war, was

too moderate for our cruel bishops, and

Shields in Titwood, tenant to Sir George
Maxwell of Nether-pollock, Christopher
Strang, tenant in Kilbride. Those are to be
what their party in council would not hear indicted before the criminal court, or rather
of. And so in the first letter writ when the ; two criminal judges, for treason and rebel-

j lion : and the council allow them Sir George

* Burnet says this letter was sent by Burnet, Lockhart, Sir George Mackenzie, Mr. Wil-
archbishop of Glasgow, and that it was by him liam Maxwell, and Mr. Robert Dickson, for

MvKaJf Burnet^His^or 011 ^ hi" f O wn Times advocates - So u P on tne same da y> Sir J hri
vol. i. p. 3-ie. Ed. i Hume of Renton, justice clerk, one of the

CHAP. I.]

greatest zealot.s for the prelates in Scotland,
and Mr. William Murray advocate, justice
depute, sit down as their judges, in the
tolbooth of Edinburgh. They heard the
advocates plead a little for form s sake ; but
very quickly they came to sentence, finding
them guilty, and ordering them to be hanged
at the Cross of Edinburgh, upon the 7th of
December.

That the reader may have a full view
of the reasonings pro and con., and the
method taken with these worthy persons, I
have inserted at the foot of the page the
whole of their process, extracted out of the
records of the criminal court, and the coun
cil s act as to the disposal of their heads
and arms.* This extract is in print in a

* Process against captain Andrew Arnot, -c.

December 4<A, 1666.

The process and indictment of these first ten
martyrs of Jesus Christ, who (besides Thomas
Paterson who died of his wounds in the tol
booth) suffered together at Edinburgh, De
cember 7th, 1666.

Curia justiciaria S. D. N. regis, tenta in prseto-
rio burgi de Edinburgh, quarto die mensis
Decembris,1666,per dorninum Joannem Hume
de Rentoun, justiciaries clericum, et Guliel-
mum Murray advocatum, justiciarum depu-
tatum.

Curia legittime affirmata.

INTRANT.

Captain Andrew Arnot,
Major John M Culloch,
Gavin Hamilton in Mauldslie in Carluke

parish,

John Gordon of Knockbreck,
Christopher Strang tenant in Kilbride,
Robert Gordon brother to John Gordon of

Knockbreck,

John Parker walker in Kilbride parish,
John Ross in Mauchlin,
James Hamilton tenant in Killimuir,
John Shiels in Titwood.

You, and ilk one of you, are indicted and
accused for that, albeit by the common law, and
the law of nations, and the law and practick of
this kingdom, and many clear and express acts
of parliament, the rising of his majesty s sub
jects, or any number of them, and the joining
and assembling together in arms, without, com
mand, warrant, or authority, and specially,
when the same is not only without, but against,
and in opposition to his majesty s authority and
laws, are most horrid and heinous crimes of
rebellion, treason, and lese-majesty, in the high
est degree, and all persons committing, and
guilty of the said crimes, or any wise accessory
thereto, or who doth abet, assist, reset, inter-
commune with, or keep correspondence with
such rebels, or any wise doth supply them in
any manner of way ; or being required by
proclamation, or otherwise, doth not rise with
and assist his majesty s lieutenant-general, and

OF THE CHURCH OF SCOTLAND.

39

begun account of the sufferings of
these times, entituled " Sampson s
Riddle." That work being stopt in Holland,
by the gentleman s death who was at the
charges of it; and that imperfect part of
which was got printed, being but in the
hands of a few, I have here, in the Notes,
taken several original papers relative to the
sufferers at Pentland, from it, after I had
collated them with the justiciary records.
In the meantime, to satisfy the reader s
longing, he may here take a short account
of that process from the unsuspected hand
of Sir George Mackenzie, in his Criminals,
Part II. Tit. 16. Par. 2d. " The most con
siderable military questions, saith he, which
I remember in all the adjournal books, are

others having power and authority, for repress
ing these rebels, ought to be proceeded against,
and severely punished as traitors, conform to
the laws and acts of parliament of this kingdom :
and in particular, it is statute and ordained, by
the third act of king James I. his first parlia
ment, that no man openly or notourly rebel
against the king, under the pain of forfeiting
life, lands, and goods; and by the twenty-seventh
act of the said king James his second parliament,
it is statute, that no man wilfully reset, maintain,
nor do favour to open and manifest rebels,
against the king s majesty, and common law,
under the pain of forfeiture ; and by the four
teenth act of king James II. his sixteenth
parliament, entituled, " that no rebel against the
king s person or authority," it is statute, That
whosoever doth rebel against the king s person
and authority, or makes war against the king s
lieges, that they should be punished according
and after the quality of their offence and rebel
lion ; and bv the twenty-fifth act of the said
king James II. his sixth parliament, entituled,
" sundry points of treason," it is statute, That if
any man commit or do treason against the king
his person or authority, or rise in feir of war
against him, or resets any that has committed
treason, or supplies him in help, red or counsel,
shall be punished as traitors ; and the hundred
and forty-fourth act of king James VI. his
twelfth parliament, it is statute, That wherever
any declared traitors or rebels repair in any place
of this realm, none of our sovereign s lieges shall
presume to reset, supply or intercommune with
them, or to give any relief or comfort ; and that,
immediately upon knowledge of their repairing
to the bounds, all his highness s obedient subjects
do their exact diligence in searching and appre
hending the said traitors and rebels, and that
with all speed they certify his majesty, or some
of his secret council, or some chief persons of
authority and credit within the shire, that such
rebels are within the same, under the pain that
the said traitors and rebels ought to sustain, if
they were apprehended, and convict by justice :
likeas by the fifth act of his majesty s late
parliament, and first session thereof, it is declar
ed, that it shall be high treason to the subjects

THE HISTORY OF THE SUFFERINGS

1666.

first, that which was debated De
cember 5th, 1666, the case whereof
was : some west country men had formed
themselves in an army, and were declared

of this kingdom, or any number of them more
or less, upon any ground or pretext whatsomever
to rise, or continue in arms, to make peace or
war, or make any treaties or leagues with
foreign princes or estates, or amongst themselves,
without his majesty s special authority or appro
bation first interponed thereto ; and his majesty s
subjects are discharged, upon auy pretext what
somever, to attempt any of these things under
the said pain of treason : and by the seventh act
of his majesty s foresaid parliament, and first
session thereof, all his majesty s subjects are
discharged and inhibited, that none of them pre
sume, upon any pretext or authority what
somever, to require the renewing or swearing
the league or covenant, or of any other covenant
or public oaths, concerning the government of
the church or kingdom, without his majesty s
special warrant and approbation, and that none
of his majesty s subjects offer to renew, or swear
the same, without his majesty s warrant as they
will be answerable at their highest peril : never
theless, ye, and your complices, shaking off all
fear of God, and conscience of duty, allegiance
and loyalty to his sacred majesty, your native
and sovereign prince, and natural tenderness to
your country, have most perfidiously and trea
sonably contravened the said laws and acts of
parliament, and committed the said crimes in
manner after-specified : in so far as this his
majesty s ancient kingdom, having for many
years suffered and endured all the calamities,
miseries, tragical effects and consequences of a
civil and intestine war, and foreign usurpation ;
and now, after his majesty s happy restitution,
beginning to recover, of so long and wasting
a consumption, through the blessing of God,
and his majesty s incomparable goodness and
clemency, having by an act of oblivion secured
the lives and fortunes of you and others, who
were conscious to themselves, and might have
justly feared to be under the lash and compass
of law and justice ; and when his majesty and
his good people had just reason to expect security
and quiet at home, and assistance against his
enemies abroad; yet ye and a party of seditious
persons, retaining and persisting in your invet
erate disloyalty and disaffection to his majesty s
government and laws, did take advantage and
opportunity of the time, when his majesty was
engaged in a chargeable and bloody war with
divers his neighbour princes and states, being
jealous of and envying his majesty s greatness
and prosperity, and the happiness of these
kingdoms under his majesty s government, and
having contrived and projected a most horrid
insurrection and rebellion, tending to involve
again his majesty s kingdoms in blood and con- ,
fusion, and to encourage and strengthen his !
enemies, did rise, convene, and assemble your- j

selves together in arms, and, upon the day

of November last, did march to, and enter
within his majesty s town of Dumfries, in an
hostile manner, with your drawn swords and
other arms, and did beset the house where Sir
James Turner, one of the officers of his majesty s
forces, was lodged for the time, and did violently

[BOOK ii.

traitors by the council, and being thereafter
beat at Pentland Hills, captain Arnot, major
M Culloch, and others, were taken by some
of his majesty s inferior officers upon quarter :

seize upon the said Sir James his person and
goods within his lodging, and did detain and
carry him about with you captive and as a
lawful prisoner taken from an enemy, and did
search for and would have taken the minister of
the said town, if he had not escaped ; and while
ye were in the said town, ye and your complices
did many other acts of insolence and rebellion,
and having in manner foresaid, openly avowed
and proclaimed your rebellion, in so public and
insolent a way, to the great contempt and affront
of authority, ye and your complices, in pursu
ance thereof, by yourselves and others your
emissaries and instruments, sent up and down
through the country, of purpose to be trumpets
of your sedition, did convocate his majesty s
people and subjects, and did endeavour to stir
them up and persuade them to join in the
foresaid rebellion, and did seize upon the persons,
horses, and arms, and plunder and rifle the
goods and houses of divers his majesty s good
subjects, and in special of faithful and loyal
ministers, and by seditious sermons, insinua
tions, and other practices, did so far prevail
within the stewartry of Kirkcudbright, and
shire of Wigton, and shires of Ayr, Lanark,
and other western shires, the many persons
flocking and resorting to you, ye had the bold
ness to send a considerable party to his majesty s
town of Ayr, and did seize upon and take all
the arms were there, and not being content to
proceed to the height of rebellion in manner
foresaid, ye and your complices did presume to
regulate your monstrous and irregular rebellion,
in the formality and frame, and under the name
and notion of an army, and to form and model
yourselves in troops, companies, regiments, and
to name captains of foot, commanders of troops,
and other officers, under the command of James
Wallace of Achens, Joseph Learmont, and other
persons of known disaffection to his majesty
and his government ; and though his majesty s
lieutenant-general did march speedily for repress
ing the said rebellion and insurrection, and his
majesty s privy council did emit and issue a
proclamation, declaring the said insurrection
to be a manifest and horrid rebellion, and high
treason, and commanding the said rebels to
desist and lay down arms ; with certification, if
they should continue in their rebellion, they
should be proceeded against as desperate and
incorrigible traitors, and discharging all his
majesty s subjects to join, reset, supply, or inter-
commune with them, and commanding them to
rise and join with his majesty s lieutenant-
general, and the forces under him, under the
pain of treason ; yet ye and your complices did
obstinately continue, and march in arms through
the country with your modelled army, as if you
had been an enemy, and in capacity to encounter,
and dispute by arms with your sovereign lord
and his forces, and did in a warlike and hostile
manner and posture, enter within his majesty s
town of Lanark, and there upon Monday the
26th of November last, to palliate your rebellion
with the colour of religion, did renew and take
the oath of the covenant, and thence did march,

CHAP. I.]
but being pannelled before the justices as
traitors, it was alleged for them, that they
could not be put to the knowledge of an
inquest before the justices, because they

quartering all alongst upon, and oppressing his
majesty s subjects, until ye had the boldness and
confidence to approach within two miles of his
majesty s city of Edinburgh, where his majesty s
judicatories and lords of his majesty s privy
council and session were sitting for the time ;
and having quartered all night within the parish
of Collinton, at so near a distance from the said
city, ye and your complices, upon Wednesday
the 28th of the said month of November last, did
dare and presume to encounter, engage, and
light his majesty s army and forces, under the
command and conduct of his majesty s lieuten
ant-general, and other officers, at Pentland
Hills, and did wound and kill in the said light
and conflict, divers of his majesty s good subjects,
and did all ye could to destroy his majesty s
army, until, by the mercy of God, and conduct
and valour of his majesty s lieutenant-general,
and other officers and soldiers under him, ye
were vanquished, routed, and dissipated, in
doing of which, and one or other of the said
deeds, ye have committed and incurred the
crime and pain of treason, and are guilty of
being authors, actors, abettors, and accessory to
the said rebellion, and are art and part of the
same, and therefore you, and ilk one of you,
ought to be exemplarily punished with the loss
and forfeiture of life, land, and goods, as traitors
to his majesty, to the terror and example of
others to commit the like hereafter.

PURSUERS,

Sir John Nisbet of Dirleton, knight, his majes
ty s advocate.

PROCURATORS IN DEFENCE.

r Sir George Lockhart,
\ Sir George Mackenzie,
Advocates, < Mr. William Maxwell,
/ Mr. William Hamilton,
>- Mr. Robert Dickson.

My lord advocate produced an act, and ordi
nance of his majesty s secret council, bearing
that the lords of his majesty s privy council,
ordained Sir John Nisbet his majesty s advocate,
to pursue with all diligence a process of forfeit
ure, before the justices, against Thomas Paterson
inGlasgow, major John Maculloch, John Parker,
walker, John Gordon of Knockbreck, Robert
Gordon his brother, John Ross in Mauchlin,
John Shiels tenant to Sir George Maxwell,
Gavin Hamilton, Captain Andrew Arnot, James
Hamilton in Killimuir, and Christopher Strang,
prisoners in Edinburgh, for their late rebellious
insurrection against his majesty. Extr. by
PET. WEDDERBURN.

Compeared Sir George Lockhart, Sir George
Mackenzie, Mr. William Maxwell, Mr. William
Hamilton, and Mr. Robert Dickson, advocates,
and produced an act of his majesty s privy coun
cil, dated at Edinburgh the fourth of December
instant, granting power and warrant to the
forenamed persons, to compear and plead for
all those persons who are to be impannelled
before the justices, upon this day, for rebellion.
Extr. by

PET. WEDDERHURN.
I*.

OF THE CHURCH OF SCOTLAND.

41

having been modelled in an army,
and taken in the field fighting as
soldiers, they behoved to be judged by the
military law, and by that law such as get

Sir Alexander Urquhart of Cromarty,

Sir Hary Hume of Heidrig,

Sir Lawrence Scot of Clerkington,

Sir Alexander Forbes of Tolquhone,

John Hume, servitor to the earl of Hums,

Walter Forbes of Blackton,

Adam Hepburn of Humbie,

Alexander Sandilands, merchant in Edin
burgh,

John Johnston, merchant there,

William Hay, merchant there,

Walter Burn, merchant there,

John Lyon, merchant there,

John M Gill, merchant there,

James Cowan, merchant there,

George Graham of Cairny.
Mr. William Maxwell for the pannels alleges,
the pannels cannot pass to the knowledge of an
assize upon this indictment, nor no process
against them upon this citation, because this
being an indictment of treason, all charges to
be given to persons so indicted, ought to be by a
lyon herald, pursuivant or macer, and is so
ordained by act of parliament, James VI. p. 12.
cap. 125. in anno 1492. But so it is that thir
pannels are not charged by heralds, pursuivants,
or macers, conform to the act, and therefore are
not obliged to answer. My lord advocate
answers to the allegance, that it ought to be
repelled, as no ways relevant, because the act of
parliament doth militate only in the case, when
any person is charged by letters of treason, to
deliver their houses, or do any other thing under
the pain of treason, and doth not militate in the
case of citations, and specially in this case, where
the parties are imprisoned ; and the daily uncon-
troverted practick is opponed, there being noth
ing more ordinary than the person guilty of
crimes, and especially of treason, and being in
hands and prison for the same, should be brought
to trial without any other formality or citation,
but giving them a dittay. Sir George Lockhart,
for the pannels, replies, that the defence stands
relevant, notwithstanding of the answer, because
the act of parliament is opponed, which bears
the express reason thereof, to be founded upon
the importance and weightiness of the crime of
treason, which equally militates, Avhether the
parties accused of such crimes be in prison, yea
or not; and practice and custom has cleared the
sense of the said act of parliament. : for it is
notour and known, that all indictments of
treason, before the last act of parliament, given
to parties accused thereof, albeit in prison, yet
was done by heralds and pursuivants, as being
the solemnity required by the said act; and
there is no warrant from the act of parliament,
to restrict it to the case of charging for delivery
of houses, or the like. Sir George Mackenzie,
for the pannels, says further, that the defence
stands relevant, notwithstanding of the answer,
seeing an indictment is a summons and citation ;
and the act of parliament is opponed, declaring,
that if any other execution of treason shall be
otherwise executed, the same shall be null ; and
the particle any, comprehends all, and therefore

42 THE HISTORY OF THE SUFFERINGS [BOOK II.

1666 < I uarter m tne ^ e ^> are ky tnat i no q uarter but where there is a bellum jut-

quarter secured therein for their ; turn, and it is not the number nor form of

lives, and cannot be hereafter quarrelled. the army, but the cause that makes bellum

To which it was replied, that there can be \jiistum ; and public insurrections of subjects

the act is conceived in the same terms, as if it
had said expressly, that all executions of treason,
not executed in manner tbresaid, shall be null :
and Skene does explain the same in manner
ioresaid ; neither can the act of parliament be
restricted to executions anent delivering of
houses, seeing, after that part of the act is
finished, this begins with a new distinction and
item. My lord advocate replies, The former
answer, and act of parliament opponed, being
clear and express anent charges and executions
under the pain of treason ; whereas thi dittay
and charge given to the pannels, bears no certi
fication that they should appear under the pain
of treason, and cannot be subsumed, conform to
the act of parliament, that the execution in ques
tion is an execution under the pain of treason ;
and for the citation, the time of the late par
liament, it cannot be obtruded, because such
solemnity, if any was used before so high a
judicatory as the parliament, was unnecessary and
superfluous, and super/tua non nocent, and cannot
be urged as a practick. Mr. William Maxwell,
for the pannels, duplies, That the defence stands
relevant, notwithstanding of the replies, that
whereas it is alleged, that the act is only where
there is a certification under the pain of treason;
but this dittay bears no certification of such a
pain : it is answered, that the dittay concludes
the pain of treason ; so that the certification
and conclusion are idem / and there is no letters
for treason, or indictment for treason, but the
pain and certification is treason ; arid so the
defence stands good from the act of parliament.
And whereas it is alleged, that the citations
before the parliament by heralds, the parliament
being so supreme a judicatory, was superfluous;
it is answered, The parliament being a supreme
judicatory, they might the better dispense with
it, and yet all these charges was by lyon-heralds ;
but the justices, in their proceedings, are tied to
proceed conform to the laws of the kingdom.

The justices repel the allegance proponed for
the pannels, in respect of the reply.

Sir George Lockhart, for the pannels, alleges,
that the dittay cannot be put to the knowledge
of an assize, whereupon to infer \md conclude
the pain of death against the pannels, because,
always denying the dittay, yet albeit the pannels
had been accessory to the acts and deeds of
rebellion libelled ; yet, as it is acknowledged by
the dittay itself, they did frame and model
themselves in the notion of officers, regiments,
companies, and were assaulted by his majesty s
lieutenant-general, and forces, who, by virtue
of his capacity and commission, he, and all
officers and soldiers under his command, might,
and de facto did, upon the taking and apprehen
sion of the pannels, grant them quarter, where
upon they were taken, and laid down their
arms : and which quarter being publica fides,
and offered and granted to the pannels in man
ner foresaid, should be inviolably observed, and
secure them as to their lives. My lord advocate
answers, That the former allegance ought to be
repelled, as most irrelevant, and having no
ground and foundation in law : and as to that

pretence that is acknowledged in the dittay,
that the pannels, and their complices who
joined with them in the late rebellion, did
model themselves in companies and regiments,
and in an army ; it is most absurd to infer from
that, which is libelled as an heinous aggravation
of their presumption and rebellion, that thev
should have had the boldness as to put, or think
themselves in a capacity to dispute by arms
with their sovereign lord and master, should
be a ground of defence or extenuation. And as
to that assertion, that the general, and not only
he, but his inferior officers, and the meanest of
his soldiers, was in a capacity to grant quarters,
and to secure the lives of rebels and traitors: it
is a most unwarrantable and illegal assertion,
and, with all respect to the gentlemen that
oppone the same, it is answered, that it is an
allegance most derogative to his majesty s royal
power and prerogative, who only has power* to
remit crimes, and in special treason, the greatest
of crimes ; so that either to assume, or to give
and prostitute so high a prerogative, to any
other persons, and especially to officers and
common soldiers, it does reflect upon his royal
majesty, unless it were relevantly alleged, that
his majesty had, by his commission, given so
high power expressly to his general and soldiers,
to remit and secure the lives of traitors, which
cannot be fancied, much less alleged : and as to
the point and pretence of quarters, and that
ipso facto thir persons being found in arms, got
quarters, and were secured as to their lives,
even in other cases, it is not questionable ; and
though, ex honestate, it may be pretended, that
in bello justo the persons that are taken upon
quarter may be spared, yet, ex necessitate, there
is no obligation to that purpose, except when an
express capitulation and deditio, and explicit
paction to that effect is exprest; but in this case,
it is without all question, where there is not
bellum justum, but perduellio, there is not hastes,
but proditores, there is not the least shadow of
pretence for the plea of quarters, except his
majesty had expressly empowered his general,
and all under him, to secure the lives of rebels
subdued by them. And that we are not in the
case of helium justum, which is only betwixt
princes or states that have no dependance one
upon another, and cannot debate and decide the
j difference but by the law of arms; and bellum est
inter pares, judicium in subditos. And that in
this case there is no jura belli, either postliminium,
quarters, or such like; seeing, by the common
law, resistentia subditorum is altogether forbidden
as unlawful ; and they are not hastes but prcedo-
nes, and by the law of this nation, and specially
the acts of parliament that are cited in the
dittay, it is not war or bellum, but treason in
the highest degree, for any number of his
majesty s subjects to rise in arms, without
{ (though it were not against) his majesty s
! authority, as in the case of this rebellion ; so
j that seeing we are not in the case of bellum, this
I pretence being founded upon a pretended bellum
i justum, is most irrelevant, specially, being con-
| sidered, that his majesty s council, in pursuance

CHAP. I.]

against their prince, are rather sedition than
bcilum ; and these insurrections being trea
son, none can remit treason but the king,
and therefore quarter could not be equiva-

OF THE CHURCH OF SCOTLAND.

of their duty, for repressing (he said rebellion
and treason, lias emitted a proclamation founded
ii]um the common laws, and the laws of the
kingdom, declaring the same to be rebellion and
high treason, and commands the rebels to lay
down arms; with certification, that if they
should continue in arms, they should be holden
and proceeded against as desperate and incorri
gible traitors, and should be incapable of all
mercy or pardon.

Sir George Mackenzie, for the pan n els,
alleges, that the pannels, and such as appear
for them, (except Arnot, for whom they do not
allege the getting of quarter,) do, with all sub
mission to his majesty s prerogative, propone
both the foresaid defence and this duply, intend
ing to assert his majesty s prerogative, by shel
tering themselves under his mercy, and acknow
ledging that his power is so great, that the
meanest of his soldiers can give quarters; and,
without debating the justness of the war, which
they here decline, it is alleged for them, that
cftpti in bello, abstracting ffomjustum or injustum,
are in its latitude capable of quarter, and quar
ters being given them by such as are listed
soldiers, doth secure them as to their life, seeing
eo ipso that soldiers are commissionate and
listed, they have power for that which is neces
sarily inherent in their employment, and quarter
uses to be valued jure belli, when given by the
meanest soldier; for such only use to give
t.uarter, general persons and superior officers
not being ordinarily in use to take prisoners : so
that seeing these had power to give (which is
only here controvertible) when given, it is
valid, without debating the justness of the war ;
for seeing any of the pannels, being then in
arms, might have disputed and dei ended liia
own life, and might have possibly reached the
lives of the greatest that opposed them, in
accepting of quarters, and laying aside these
firms, they have in effect ransomed their own
life, and exchanged it in favours of his majesty
and his forces, with the lives of others : and j
many lawyers debating this subject, call this a |
transaction, and that it should be kept upon that
account, as namely, Grotius in his llth chap,
lllh parag. 3d book, where he debates this case
indefinitely; and Claudius dc Cotte, de jure et
privet f/iis militum, Paris De Puteo de re mllitari.
And in reason, soldiers, who may defend their
own life, are not obliged, nor is it in use when
quarters are offered them, to seek the granter s
commission, seeing nee mora patitur, nee est
consentaneum natures actum, private soldiers
being in use generally to grant the same; and
what is customary semper inest, except it be
expressly forbidden, and the prohibition so
known to the transgressors that they are thereby
put in mala fide. Arid the difference betwixt
qnando justinn et injustitm, lies not here, seeing
the reason of quarter is the sparing, in prudence
the blood of the one party, and conserving, in
humanity, that of the other, the one whereof is at
least common to both bellum jnstum et injustnm,
but the difference is, that in betto justo prisoners
taken (though without quarter) cannot be killed,

16G6.

lent to a remission ; but all the
effect of quarter in this case is to
secure these who get the same, from present
death. To which it was duplied, that all

but in iiijusto they may, except they have quar
ter, and that quarter is given betwixt king and
subjects, when formed once (whether justly or
unjustly) in modelled armies, which is offered to
be proven by persons that understand that trade,
to have been actually allowed betwixt the
Hollanders and the king of Spain, betwixt the
protestant Rochellers in France and the king,
and allowed by his majesty s forces in the hills,
and the rebellious English, though there was
no just war among those parties, upon the
ground foresaid ; neither is it debated that any
but his majesty can grant remissions; but, in
listed soldiers their giving of quarters, his
majesty doth in effect give it : and seeing neither
armies nor soldiers could subsist without quarter,
guando aliijuid conceditur, omnia concessa viden-
tur, sine quibus principale concession consistere
nequit ; and as the council for seen rejisons,
might, without express warrant from his ma
jesty, have secim-d, upon submission, the lives of
those prisoners, so might much more soldiers,
whose proper trade and calling it is.

Sir George Lockhart, for the pannels, answers
further, that the foresaid reply for the pannels,
founded upon the offering of quarters, and the
pannels accepting of the same, stands relevant,
and is no way elided by the foresaid answer;
and that there may be no mistake of what the
pannels and their procurators plead, under the
terms and notion of quarters, it is condescended
that quarter, mentioned in the defences, propon
ed and understood in thir terms, viz. that the
pannels being in arms and actual resistance, arid
not in the power of the takers, did give up their
arms, and became in the power of the takers,
upon the granting of quarter, and that quarter
so given, should in law operate the security of
the lives of the persons so taken, is evident and
apparent , in so far as it is a transaction and
pact ion, and fides data est accepta, and accord
ingly fulfilled upon the part of those who were
taken : and in law, all pactions and transactions
being jitstitice commutativcr, it abstracts and dots
not consider the quality and merit of persons, but
the terms, sense, and meaning of such pactions
and transactions. And whereas it is pretended,
that the grariters of quarters, specially mean
soldiers, had no power to do the same, as in
trenching upon his majesty s prerogative ; it is
answered, that it ought to be repelled, because
what his majesty s officers and soldiers did act,
consequently and suitably to the nature of their
offices, and to the exercise of their duties, did
flow from, and was warranted by his majesty s
authority : so that they ought not to be contra
distinguished, the authority of his majesty s
officers and soldiers being derived from his
majesty, as the fountain of the same : but
specially in this case, where first, before they
did enter in fight, there was no discharge nor
prohibition as to the granting of quarter, but on
the contrary, the lieutenant-general and all the
officers being present, were witnesses to the
granting of quarter, and thereby the same were
not acts of simple soldiers, but acts warranted
and authorized by the knowledge and allowance

44

THE HISTORY OF THE SUFFERINGS

[BOOK ii.

1666.

who get quarter from any who are
authorized to be soldiers, are by
that quarter secured against that authority
from whom these soldiers derive their power;

of persons having supreme commands. And as
to that part, that there was not bellum justum
upon the part of the pan n els and their complices,
it is answered, that the pannels do with all sub
mission and humility acknowledge the same,
but the consequence that can be inferred there
upon, is not that quarter given should not be
observed, but that quarter might have been
j ustly refused ; and there is no doubt but jura
belli, which do naturally arise, without express
covenant arid paction cannot be extended to
this case ; but notwithstanding thereof, where
quarter was granted in manner foresaid, it
cannot be so interpret in law or reason, as to be
a snare to any who were resisting the power of
the granters, justly or unjustly : and it is a
common and known distinction inter deditos et
captos, the first being in the case of a simple
surrender, which can import no more but at
most a submission upon mercy, but is far other
wise in the case of persons taken upon the
express terms of granting and accepting quarter ;
and that this position is neither absurd nor
illegal, nor destitute of the authority of eminent
lawyers, and the practices of most famous and
military nations, may appear from the judicious
and learned Grotius, who has writ ex institute,
and most excellently upon the same subject,
which he entitles, dejure belli ct pads ; and who
in his 19th chap. 3d book, entitled, de fide inter
hastes, 6th parag. after having premised what does
import fides, which he resolves not only to be
inferred from wrk and words, but even from
sense known and customary, he does expressly
state this question, quid ergo dicemus de subdit-
orum bellis, adversus reges aliasque summas potes-
tates? Where he resolves the question upon
the former ground, that paction and transaction
do abstract from the quality and demerit of
persons, that illis etiam fides data servanda est,
et generaliter fidem datam servandam etiam per-
fidis ; and the reason is clear, because there is
no apparent reason why the granters of quarters,
having interponed their faith, should violate the
same. And as to that pretence, that none grant
quarters but these who remit the crime of
treason, it is answered, that it is humbly con
ceived there is a vast disparity ; for in the act of
remission of either the crime of treason or any
other, it is pura oblatio, and the sole act of the
granter ; whereas the granting of quarters is by
way of paction and transaction, in impetu et
furore belli, and in contemplation whereof, the
persons, supposing themselves secured as to their
lives by quarter, became in the power of the
granters without resistance. And as to that
ground, that his majesty, by the authority of
the lords of his privy council, did emit a procla
mation declaring, that the convocation libelled
was a rebellion, and that all who were accessory
thereto, if they did not lay down their arms,
should be incapable of mercy ; it is answered
first, that this proclamation was not intimate to
the pannels, nor did consist in their knowledge ;
yet suppose it had been known, it cannot elide
the quarter granted to the pannels, because
notwithstanding of any such proclamation, his

and these who get the quarter, are not
to dispute whether these soldiers had n
sufficient power to give quarter, or whether
bellum be justum or injustum y for that were

majesty s officers and soldiers did grant the same
long after the emitting of the proclamation ; and
the pannels were in optima Jide, finding his
majesty s officers and soldiers willing, who can
not be supposed but to have known his majesty
and the lords of his privy council, their sense
and meaning of the proclamation, which behoved
to have restrained them from giving of quarter ;
yet notwithstanding, seeing the same was grant
ed the pannels had reason to believe that they
were sufficiently warranted to that effect, and
have rested upon their faith in accepting the
same ; and albeit by proclamation they were
declared incapable of mercy, that neither in rea
son or words can be interpreted to the case of
quarter, which was not an act of simple mercy,
but upon paction and transaction. Sir George
Mackenzie adds to this former allegance, that
pactions betwixt king and subjects, though they
cannot be forced, and it is rebellion in subjects
to require them, yet being once made, they not
only are ordinarily kept among all nations, but
his majesty who now reigns, having made with
the greatest of the rebels a more dishonourable
paction, did observe the same, viz. the parlia
ment 1649, which his majesty ordered to be
observed by an express order.

My lord advocate answers and triplies, Imo,
Though we were in bello, as we are not, and in
the case of quarter, yet the allegance is no ways
relevant as it is proponed and qualified, and it is
not condescended, what persons did give quar
ters to the pannels or any of them, nor in what
terms; and to infer quarters and impunity from
the naked taking of the pannels, and because
they are prisoners, it is without any law or
reason, seeing the pannels might have been
overpowered and taken ; and it is to be presum
ed, that his majesty s army being more numerous
and victorious, that they were overpowered and
vanquished, and that they were not taken either
upon an express or an implicit condition or
capitulation, and the rebels being routed, it
cannot be thought that his majesty s officers and
soldiers, and persons of such valour, would have
given quarters, upon account of a pretended
transaction, and in order to their own safety,
and that they would owe their lives dishonour
ably to traitors. 2do. The former answer is
repeated, and it is most evident, that we are not
in the case of quarters, and though, where there
is bellum, and where there is the relation of
hostes, it may be pretended that quarters ought
to be observed, with abstraction from the quality
of the difference of the war, whether just or
unjust, as when war betwixt his majesty and
any his neighbour princes and estates, though it
be unjust upon the part of these enemies, quar
ters may and ought to be kept ; yet in this case
where there is no bellum but rebdlio et proditio et
Iccsio majestatis, where there is not hostes but
prccdoncs, such as all persons are, that are in the
condition of the pannels, who perfidiously do
rise up against their sovereign lord, there can be
no pretence for any privilege of jus belli and of
quarters : and as to that pretence, that fldet
publica est servanda, it is without all question,

CHAP. I.]
in effect to destroy quarter in all cases, and
to make all such as take up arms, to be
desperate and irreclaimable, and the power
of giving of quarter is naturally inherent in

that when fides is given by an express treaty,
not only between his majesty and any other
stranger, princes, or states, but betwixt his ma
jesty and his subjects, by an act of pacification
or any other treaty, ought to be observed reli
giously ; but we are not in the case where fides
publica is given either by his majesty, or any
authorized by him, and having express power to
that purpose, and that his majesty s general, or
his officers or soldiers, has power to grant any
such fides, unless the commission were express to
that purpose, is petitio principii, and is altogether
denied, and that the most that quarters can
import in this case, though it could be made out
that quarters were granted, is, that the general,
or his officers and soldiers, by granting of quarters
might have secured them as to that which were
in their power, viz. that they should not then
be presently cut off; but that they should have
secured them from that which was not in their
power, from the just stroke of justice, is alto
gether denied. And as to the pretence of trans
actions, and the reasons and arguments adduced
for the pannels to that purpose, if there were
any weight therein, the most it could operate,
were to be motives for making a law to that
purpose, that his majesty s officers, eo ipso, that
they are in power to serve under him, should
have power by granting of quarters, to secure
the lives of traitors ; but there is no such law ;
and a general being eommissionate, and having
gone to suppress rebels, without any hint to the
purpose foresaid, the defence being neither
founded on the common law, nor upon laws nor
acts of parliament known in this country, is
most irrelevant, specially being considered that
it is an undoubted principle, that treason, being
of so high a nature, cannot be remitted but by an
immediate grant and remission of his majesty
under the great seal, or some person having
commission under the great seal expressly. As
to the authority from the lawyers mentioned
in the allegance, they are but the opinions of
private men, and do not amount to the authority
of a law, specially in this kingdom, there being
clear and express acts of parliament and funda
mental laws, that his majesty s lieges and people
should be governed and judged by his majesty s
laws allenarly, and not by the laws of any
nation, and much less by the simple opinions
and school dictates of lawyers: likeas, the said
authorities, though they were of any weight,
they do not meet nor quadrate the case in ques
tion, in respect they are only the case of helium,
as said is, or when there are express and public
transactions, by treaties, edicts, or acts of amnesty
and oblivion. And Grotius, though he might
be suspect, as being the subject of an estate who
had shaken off the government of their prince ;
yet he is most clear in the case, that there is no
bellum betwixt subditi and their sovereign lord,
and that resisteniia subditorum is vetita omni jure,
and cannot pretend to the jura and rights and
privileges of war, unless the sovereign authority
be pleased to condescend so far, as to capitulate
expressly and treat with the subjects ; and it is
a most groundless pretence, that of a transaction

OF THE CHURCH OF SCOTLAND.

1666.

all soldiers as such : and as the
council, without express remission
from the king, upon submission, might have
secured their lives, so might soldiers by

between the general, or any soldiers or officers
as to the matter of quarters, seeing it cannot be
said that the general had power to transact by
an express capitulation betwixt him and the
rebels ; and it is without all question, that the
general could not have secured the rebels of
this army, by a transaction by himself, without
express warrant from his majesty, or from his
council ; and consequently seeing by a downright
and express transaction of treating, he could not
secure traitors, it is gratis and without warrant
asserted, that he, and much less his officers and
common soldiers, could, by a pretended implicit
transaction, secure and indemnify traitors; and
it is without all question, notwithstanding of the
pretences in the contrary, that the general had
no power to grant the said security, if his com
mission had related to quarters, as it could not do
in this case, having to do with rebels and traitors,
and not with an enemy ; and if his commission
had been express, that he should not have power
to secure the rebels by quarters, but that they
should be altogether incapable of mercy, no
person could have the confidence to assert, that
he would grant quarters in the case foresaid ;
and it is clear that we are in a stronger case,
seeing the general had no such commission and
power to grant quarters; and the council, by
their proclamation foresaid, does declare the
rebels, as said is, incapable of pardon ; which
being intimate to the general, and being sent to
him, and intimate to all persons concerned, by
proclamation, to plead in pretence of ignorantia
or bona fides, is most frivolous and unwarrant
able, seeing ignorantia juris nemini prodesse debet ;
and it is their own fault, if, being engaged and
busied in their rebellious course, they did not
come to the knowledge of the said proclamation,
being founded upon the common law, and the
law of the kingdom ; it being a principle of both,
that traitors are nulli, and no men in the con
struction of law, as to any benefit and capacity
of any pretended transaction. And as to the
instances from the practices of Spain, Holland,
France, and other kingdoms, they do no ways
quadrate in this case, the same being, as said is,
of publica edicta, and express treaties and trans
actions; in respect of all which the defence
ought to be repelled.

Mr. William Maxwell for the pannels, quad-
ruplies, That whereas it is answered, that the
defence is not definitely qualified, nor conde
scended upon the persons granters of quarters,
and in what manner, it is answered, That it
shall be condescended upon in writ who granted
the same, being listed soldiers and officers under
the general ; and as for the manner, the same
was in usual form that quarters are granted, viz.
assurance of their lives from those who granted
quarters. Next, where it is alleged, that quar
ters cannot be presumed to have been granted,
his majesty s army being victorious and the other
party routed, who alleges to have gotten quarters,
it is answered, that no supposition can be admit
ted against a positive defence, which is offered
to be proven. As for the third, whereby it is
alleged there can be no quarters sustained as

1G6G.

THE HISTORY OF THE SUFFERINGS [BOOK II.

given to subjects who are rebels. Grotius,
lib. iii. cap. 19. where, after he hath fully
treated that question de fide servanda, con
cludes, that fides, data etiam perfidis et

quarter, for they have as much
power in the field as the others at
the council table. 2dly, Lawyers are very
clear that quarters should be kept, though

lawful, but where the war is just, which cannot
be in this case between his majesty s general and
the rebels : it is answered, that the pannels
oppone their former answer, and add that the
question is not here in the lawfulness of the
pannels quarrel, but whether or no his majesty s
lieutenant-general, being constitute as a general,
by his commission, could give quarters or not ;
which The pannels maintain he had power to do,
being his majesty s lieutenant-general, by com
mission, neither needed any such express power
be insert in his commission, for giving of quar
ters, because incrat in his commission, and every
listed officer and soldier under him, he having
the said commission, the like power, as any
other prince s general, and others under him,
has ; and to hold the contrary it seems strange,
for it was never called in question in any nation
heretofore, nor did ever his majesty, or his royal
father, call in question the quarters granted by
their general officers, or listed soldiers under him
in the fields, but esteemed the same ever sacred,
to be kept even unto these, who were in a model
of an army of rebellion in the time; and if
quarters should not be kept, but elided by a
secondary way of pannelling the persons receiv
ers of the quarters, it should both intrench upon
the word of the general, his commission, and
soldiers, to whom hereafter none may give trust,
especially in a matter of so high concernment,
after their lives are secured to them by quarters.
Arid as for the allegance, that the general could
not treat or assure them by a public transaction,
without the consent of his majesty or his coun
cil, the pannels first leave that to the considera
tion of his majesty and his secret council, if the
general being clad with a commission from his
majesty, has not power to treat, to grant quarters,
or receive any of those who are in rebellion, to
peace, wherein his commission is ample and not
restrictive: the pannels answer no further, but
oppone the amplitude of the commission, the
constant course observed by his majesty and his
father s generals of before, the assurance given
for their lives by the quarter, and the dangerous
consequence may ensue thereupon. And where
as it is alleged, that the pannels being traitors,
the quarters cannot operate for them, to exeme
them from the trial, and inflicting the punish
ment conform to the law of the kingdom ; and
there is no law that can warrant their rebellion,
or exeme them from the punishment due to
rebels : it is answered, that the case now in
debate is, whether quarters given to persons
modelled in an army in the fields, if they having
received quarters, there being no law to dis
charge their general to give quarters, if they did
not lawfully accept thereof, he lawfully grant
it; for albeit the laws of this kingdom rule in
time of peace amongst all the subjects, but in
the time of war, where there are two armies in
the fields, there the law of arms takes place, and
the law of nations whereupon the faith given in
quarters is founded, must be kept, and never
was broken. And as for the allegance, that if
the general had been restrained by the commis
sion to give quarters, the quarters given by him

could not be respected, and that it is alleged the
case is alike here, there being a proclamation
emitted by the council, declaring the pannels
actings to be rebellion, and that they were com
manded by the same, to lay down their arms
within a certain space, otherwise to be proceeded
against as the worst of rebels and traitors, and
not to have mercy : it is answered, First, Thcit
proclamation does no ways derogate to the gen
eral s commission, which remained as absolute
as before, so long as he remained in the fields ;
nor does the council, by the said proclamation,
discharge him to give quarters, thereby to re
trench the power of his commission. Secondly,
The proclamation could not be known to the
pannels, who could not have access to the mar
ket cross where the same was to be promulgate,
proclamations at market crosses being the course
of making known the council s pleasure in
peaceable times ; but the course of war is, when
two armies are in the fields, the one sends a
trumpet with a proclamation to intimate the
same. Thirdly, They not knowing the procla
mation in the time of the conflict, and the pan
nels being required to lay clown arms, showing
it was the council s will, and quarters being
given thereupon, as they would have had a good
defence, if they had laid down arms within the
time prescribed by the proclamation, if the same
had come to their knowledge ; so likewise in
this case, being intimate to them the time of the
quarters, and they having given obedience there
to, upon assurance of their lives, ought not to
be broken ; in respect whereof the defence stands
relevant, notwithstanding of the former triply.

Sir George Mackenzie, for the pannels, adds,
that the subject matter of this debate is the law
of arms, and there being no express positive law
to regulate the same, it is offered to be proven,
by such as understand the law of arms, that
quarter is allowed whore subjects in arms rise
against their prince, though given but by private
soldiers, except there be an express prohibition
in the contrary : likeas, it is offered to be proven
by the general, lieutenant-general, and other
officers, that in this case, they either gave quar
ter, or allowed the giving of quarter, and that
honour being concerned, it is hoped, that the
justices will advise with the council, by whose
commission they acted, and against whose order
this debate will infer he has malversed ; and it
is not known upon what account he thought
himself authorized to give or allow the giving of
quarter, of which he himself can only give an
account ; and all the lieges in the nation are
here concerned, seeing in all subsequent and
supervenient broils, every man, to make sure,
shall cut his neighbour s throat, so that the
innocent shall have no defence, and rebels shall
be fortified in their courage; and necessity,
which legitimates all other acts, in the opinion
of such as, in furore belli, consult with nothing
but with their safety, will obdure them much
more than formerly, and of ordinary rebels mako
them insupportable traitors and rebels ; and
that place in the Kings, spoken of by one of the
prophets to a king of Israel, is here remembered,

CHAP. I.] OF THE CHURCH OF SCOTLAND. 47

rebdlibus subditts, est servanda. And this
hath been observed in the civil wars in
Holland and France ; and by his majesty
and his father at home during the late

troubles. Sdly, Quarter is advanta-
geous to the king, and so should be
kept ; for these who are taken might have
killed his majesty s general and officers, and

" wilt thou take the life of those whom thou ; The said major John M Culloch did confess,
hast taken by thy bow and sword?" ] that he joined with the rebels at Ayr, and came

Mr. William Max we), for the pannel John ; with them to Lanark, and there took the cove-
Shiels iii Titwood, alleges, the conclusion of the j nant with them, and continued with them in
dittay cannot be inferred against him, because it , arms and rebellion, until Wednesday the day of
is offered to be proven, that he was in the army j the conflict at Pentland, where he was in arms,
with his majesty s general the time of the and taken prisoner. The said Gavin Hamilton
proclamation, which coming to his knowledge, J did confess, that he joined with the rebels, and
if he had any arms then, he was willing to lay ; came along with them, and that he was in
them down, and so have obeyed the proclamation M Clellan of Barscob s troop, and was in arms
by his willingness, if he had been in the field ; I at the fight of Pentland, where he was taken,
so that if he had been out with the rest of the j The said John Gordon did confess, he joined
pannels, he would have had the benefit of the with the rebels before he came to Lanark,
said proclamation ; and being then in nrrnance, j where having taken the covenant with them, he
and prisoner with the general, and being most marched and came along with them to Collington
willing to obey the proclamation, the conclusion j and Pentland, on horseback, and in arms with
cannot be inferred against him : and whereas
the proclamation, even for these who should give

obedience thereto, the effect thereof to them could
be to come to mercy, the pannel does humbly
conceive, that the council s meaning was never to
take the Jives of these who obeyed the proclama
tion, specially seeing the certification is express,
that to such as are disobedient, they should be
proceeded against as traitors, without mercy,
which clearly includes mercy to the obedient.

Mr. Robert Dickson, for the pannel John
Ross, repeats the whole former defences upon
the benefit of quarter, and repeats the last de
fence proponed for John Shiels, and humbly

them at the conflict, where the rebels were
defeat. The said Christopher Strang did confess
that he joined with the rebels, and was at Lan
ark with them, and took the covenant, and came
alongst with them to Pentland, and was an
horseman in arms, with sword and pistols, under
the command of captain Paton, commander of
one of the rebels troops, and was in arms at the
late conflict. The said Robert Gordon did
confess, that he joined with the rebels at Doug
las, and came along with them, and had charge

as a cornet of a troop of horse, whereof

Maxwell, younger of Monrief, was captain, and
that he was in arms with the rebels at the late

craves the benefit of his majesty s proclamation, i conflict. The said John Parker did confess,

My lord advocate answers shortly to the that he joined in arms with the rebellious party
allegunce for Shiels and Ross, that the same in the west, and came alongst with them to
merits no answer, in respect the said persons j Pentland, and was there under the corn-
were taken as spies and emissaries, for giving mand of colonel Wallace. The said John Ross
intelligence to the rebels, and were prisoners for did confess, that he joined with the rebels in
the time, and their arms being taken from them the west, and that, at the desire of Mr. John
upon the occasion foresaid, they could not lay Guthrie, one of the officers of the party, he
down the same, nor plead the benefit of the ! went along to discover if the king s forces were
proclamation, conceiving these who should be in j coming to Kilmarnock, being in arms, and
arms the time of the issuing and proclaiming having pistols with him, and going alongst with
the same, whatever the import, and benefit, and John Shiflsand other persons to bring the rebels
extent of the proclamation be, which the pur- i intelligence. The said James Hamilton did
suer neither doth nor is concerned to dispute in j confess, that he joined with the rebels party,
the case of the said pannels. and was with them at Lanark, where he did

The justices repel the defence, duply, and take the covenant, and marched along with
quadruply proponed for the pannels, in respect them in Barscob s troop, with sword and pistols,
of the reply and triply proponed by his majesty s and came along with them to Collington, and
advocate; as also the defence proponed for Shiels from thence to Pentland, and was there in arms
and Ross, in respect of the reply; and ordain when the rebels were defeat. The said John
the dittay to pass to the knowledge of an inquest. , Shiels did confess, that he joined with the

The assize lawfully sworn, no objection in rebellious party in the west, and that he was
the contrary. j employed, and did go, at the desire of Mr. John

My lord advocate, for proving the dittay, Guthrie, and some of the officers that corn-
produces the pannels confession made to the manded that party, with John Ross and other
lords of his majesty s privy council and a com- persons, as a spy to see if the king s forces were
mittee of them, whereof the tenor follows, viz. coming to Kilmarnock, and bring the rebels
The said captain Arnot did confess, that he did intelligence. Which confessions being read to
join with the rebellious party in the west, at the pannels, and they particularly and severally
Ayr, and came alongst \vith them in their accused conform thereto, and having judicially,
march to this country, and that he did accept and in presence of the assize, acknowledged and
the command of one of their troops, and did renewed the same, my lord advocate thereupon
ride upon the head thereof; that he came with took instruments.

them to Lanark, and took the covenant with I The assize, by plurality of voice, elect Sir
them there, and did ride alongst with them to j Alexander Urquhart chancellor. The assize
Bathgate, Collington, and Pentland, and was at ! unanimously, all in one voice, by the report of
the late fight in arms with his sword drawn, i Sir Alexander Urquhart of Cromarty, their

THE HISTORY OF THE SUFFERINGS

1G66.

by giving quarter to his enemies, he
redeemed his servants : and if the
only effect of quarter were, to be reserved
to a public trial, none would accept quar
ter. I think no unbiassed person can
read this, but they must see how iniqui-

chaneellor, find the persons impannelled, above
and after-named, to be guilty and culpable of the
particular treasonable acts aftermentioned, con
tained in the indictment, viz. captain Andrew
Arnot to be guilty of joining with the rebels in
the west, coming alongst with them in their
march, accepting the command of one of their
troops, and riding upon the head thereof, and
coming with them to Lanark, and there taking
the covenant with them, and of coming alongst
with them to Bathgate, Collington, and Pent-
land, and of being at the late conflict there
in arms, Avith his sword drawn. The said
major John M Culloch, to be guilty of join
ing with tlie rebels in the west, and coming
with them to Lanark, and taking the covenant
with them there, and continuing with them in
arms until Wednesday the day of the conflict,
being with them in arms there, where he was
taken prisoner. Gavin Hamilton in Mauldslie,
to be guilty of joining with the rebels in the
west, and coming alongst with them in arms, in
M Clellan of Barscob s troop, and in being in
arms at the fight of Pentland, where he was
taken. John Gordon of Knockbreck, to be
guilty of joining with the rebels before they
came to Lanark, where he having taken the
covenant with them, he marched along with
them to Collington and Pentland on horseback,
in arms with the rebels, and being in arms with
them at the conflict, where the rebels were
defeat, and he taken. Christopher Straug, ten
ant in Kilbride, to be guilty of joining with
the rebels in the west, and being at Lanark with
them, where he took the covenant, and coming
alongst with them from Lanark to Pentland, an
horseman armed with sword and pistols, under
the command of captain Paton, commander of
one of the rebels troops, and being in arms at
the conflict at Pentland, where he was taken.
Robert Gordon, brother to John Gordon of
Knockbreck, to be guilty and culpable of joining
with the rebels at Douglas, and coming alongst
with them, having charge as a cornet of a troop

of horse, under the rebels, whereof Maxwell,

younger of Monrief, was captain, and of being
in arms with the rebels at the conflict at Pent-
land, where he was taken. John Parker, walker
at Kilbride, to be guilty of joining in arms with
the rebels in the west, and coining alongst with
them to Pentland, where he was taken under
the command of colonel Wallace. John Ross
in Mauchlin, to be guilty of joining with the
rebels in the west, at the desire of Mr. John
Guthrie arid some of the officers of that party,
and of going along to discover if the king s
forces \vere coming to Kilmarnock, he being in
arms, and having pistols, and going to bring
the rebels intelligence. James Hamilton, tenant
in Kittimuir, to be guilty of joining with the
rebels that rose in the west, being with them at
Lanark, where he took the covenant, and march
ing along with the rebels in Barscob s troop,
with sword and pistols, and coming alongst with

[BOOK ii.

tous the procedure against these good
men was. These ten were accordingly
hanged, December 7th, and their heads and
arms disposed of according to the sentence.
Their joint testimony, and the dying speeches
of some of them, have been more than once

the rebels to Collington and Pentland, and being
there in arms with them when they were
defeat. John Shiels in Titwood, to be guilty of
joining with the rebels, and of going, at the
desire of Mr. John Guthrie and some of their
officers, to see if the king s forces were come to
Kilmarnock, and to bring the rebels intelligence,
and that conform to their several confessions.

URQUHAKT.

My lord justice-clerk and justice-depute decern
and adjudge the said captain Andrew Arnot,
major John M Culloch, Gavin Hamilton in
Mauldslie in Carluke parish, John Gordon of
Knockbreck, Christopher Strang, tenant in Kil
bride, Robert Gordon, brother to John Gordon
of Knockbreck, John Parker, walker in Kil
bride parish, John Ross in Mauchlin, James
Hamilton, tenant in Kittimuir, and John Shiels
in Titwood, as being found guilty by an assize,
of the treasonable acts foresaid, to be taken upon
Friday the seventh day of December instant,
betwixt two and four hours in the afternoon, to
the market-cross of Edinburgh, and there to be
hanged on a gibbet, till they be dead ; and after
they are dead, their heads arid right arms to be
cut off, and disposed upon as the lords of his
majesty s privy council shall think fit; and all
their lands, heritages, goods and gear, to be
forfeited and escheat to his majesty s use, for
the treasonable crimes foresaid. Which was
pronounced for doom, by Henry Monteith
dempster of the court.

Followeth act of council anent the disposal of
the heads and right arms of the foremcntioned
martyrs.

Edinburgh, the 6th of December, 1666.

The lords of his majesty s privy council ordain
the heads of the persons underwritten, to be cut
off and affixed at the places following, viz.
major M Culloch, John Gordon of Knockbreck,
and his brother Robert s, at Kirkcudbright ;
John Parker, Gavin Hamilton, James Hamil
ton, and Christopher Strang, their heads, at
Hamilton; John Ross, John Shiels, at Kilmar
nock; and captain Arnot s head at the Water
gate : and ordain the magistrates of the respect
ive places, to cause affix the said heads accord
ingly; and recommend to the magistrates of
Edinburgh, to cause bury the corps of the said
persons, at such places as they shall think expe
dient, arid where traitors are usually buried.

JEodem die. The lords of his majesty s privy
council ordain the right arms of major M Cul
loch, John Gordon of Knockbreck, and his
brother Robert s; John Parker, walker, Gavin
Hamilton, James Hamilton, Christopher Strang,
John Ross in Mauchlin, John Shiels, tenant to
Sir George Maxwell, and captain Arnot, who
are to be executed the morrow as traitors, to be
cut off, and by the magistrates of Edinburgh to
be sent to the magistrates of Lanark, which
they ordain them to affix upon the public ports
of that town, being the place where they took
the covenant.

CHAP, i.]

published in Naphtali, and other prints that
are not uncommon, and so they need not
be inserted here. It will be more worth
while, to give the reader a taste of the
hardships brought upon the families of some
of those martyrs for religion and liberty, by
the managers, after they had done their
utmost to the persons of those worthies,
and I shall only instance in two of them.
I begin with major M Culloch, an excellent
gentleman of good parts and great piety.
He never had freedom to conform to prelacy ?
and suffered considerably for his conscien
tious withdrawing from the church. Before
Pentland several soldiers were quartered
upon him for thirty days ; and besides their
entertainment, he had eight-pence a day to
pay each of them, and was forced to pay
an hundred pounds of fine to Sir James
Turner. So good a man as he could not
escape his share in the fines imposed by
Middleton s parliament ; and so in the year
1665, he paid the whole sum imposed on
him, twelve hundred merks, and three hun
dred merks of riding money to the soldiers
who exacted it. His estate lay under for
feiture from Pentland to the revolution.
After Pentland, one Charles Campbell,
without any warrant seized a horse of his
son William M Culloch, who was not con
cerned in the rising, worth eight pounds
sterling, and clothes and other things near
to the value of five pounds sterling. His
eldest son was seized, and kept in prison a
full year after his father s execution, upon
no ground I can learn, but his being major
M Culloch s son. The major s lady was
happily infeft in a part of his lands, and she
and her eldest son lived upon these till the
year 1681, when, upon noncompearance,
they were forfeited, and given to Queens-
oerry, who put John Sharp, clerk of Dum
fries, in possession of them. Mr. M Culloch,
the true owner of them, was obliged to take
them again from Sharp, and besides a con
siderable yearly rent of ten or twelve pounds
sterling, he had upwards of a thousand
merks of entrance-money, and other inci
dental charges to pay.

The other instance I mention is, the
excellent family of Knockbreck, in the
parish of Borgue in Galloway. The two

OF THE CHURCH OF SCOTLAND.

1666.

young gentlemen at this time exe
cuted, I have it from persons yet
alive of their acquaintance, that they were
youths of shining piety, and good learning and
parts. The harassings and losses of the family
cannot be estimate, they were so frequent
and severe. Besides the payment of their
parliamentary fine, and their common losses,
with others in Galloway, by Sir James
Turner, in a little time after Pentland, their
whole crop for that year was seized, and
the household furniture disposed of and
destroyed. Six soldiers continued quartered
upon the house, from the 6th of March to
the 9th of July, which comes to a great sum
besides, near four hundred pounds of cess,
and other impositions, were uplifted from
them and their tenants. They had their
share in all the after harassings of the coun
try ; particulars would swell this account.
In the year 1684, captain Strachan, with his
troop, came, and destroyed and took away
the whole household-plenishing. Next year
Glenlyon, with near two hundred Highland
ers, came and stayed at Knockbreck from
Thursday to Monday, and consumed and
took with them all the meal and malt
they found, and killed vast numbers of
sheep; and at their departure broke the
glass-windows, and carried off all the horses
about the house, to bear away the spoil.
And last of all, cruel Lagg came with a
company of men, and carried off all within
the house, to the very trenchers and spoons,
and with much difficulty, was prevailed upon
not to burn the house. Any of the remain
ing sheep they could not eat, Lagg carried
with him, to the number of about fifty,
besides many black cattle. From these,
the reader may guess at the severities used
to the families and relations of such who
were executed at this time.

While the blood of these first ten is scarce
cold, the advocate is ordered to intent a
process against other five of the prisoners,
Mr. Alexander Robertson, preacher of the
gospel, who was basely betrayed by the laird
of Morton his friend, to whom he committed
himself upon promise of his life. He points
at this in his speech at his death, and for
gives him. John Neilson of Corsack,
George Crawford in Cumnock, John Lind-

THE HISTORY OF THE SUFFERINGS

say in Edinburgh, and John Gordon
in the parish of Trongray. And, upon
December 10th, the two former judges find
them guilty. I do not find they gave
themselves the trouble of hearing advocates,
but make short work, and go upon their con
fession, and condemn them to be hanged at
the Cross of Edinburgh, on Friday the 14th
of December ; which was accordingly done,
only John Lindsay was delayed. Their
testimonies are likewise printed in Naphtali,
and elsewhere, so I do not insert them, or
the process about them, which falls in with
the former. The council being weary of
disposing heads and arms, order the magis
trates of Edinburgh to affix their heads on
such ports of the town as they see fit, and
bury their bodies in the usual place. Sir
George Mackenzie s Vindication, page 8th,
very confidently says, " that generally no
man was executed in king Charles s reign,
who would say, God bless ihe king, or
acknowledge his authority." The falsehood
of this will appear from a vast number of
instances in the progress of this history.
I only here ask, if any of these persons now
executed, had the offer of their life upon
that condition ? If not, as certainly they
had not, then Sir George s Vindication is a
very false one, and a covering of cruelty
with a lie : for all of them that were put to
death on this occasion, did both pray for
the king, and own his authority, though
they could not justify his administration.

The sufferings of one of those worthy
persons, John Neilson of Corsack, in the
parish of Parton in Galloway, and those of
his lady and children, are so remarkable,
that they deserve a room in this collection ; \
and I see not where an abstract of them i
can be more properly insert than here. Mr. I
Dalgliesh, the curate of Parton, had no
small hand in this gentleman s hardships. J
When Sir James Turner came first into j
Galloway, Corsack was soon delated by the i
curate for nonconformity, and Sir James
exacted an hundred pounds Scots from him,
and, contrary to promise, he was sent I
prisoner to Kirkcudbright. He suffered ;
very much by quarterings of soldiers upon j
him : from the beginning of March to the
end of May that year, he had troopers

[BOOK II.
lying on him, sometimes ten, sometimes six,
sometimes four at once, and was forced to
pay each man half a crown a day, which
came to eight hundred and nineteen pounds
Scots, and free quarters besides to man and
horse ; which, moderately computing at fif
teen pence a day, amounts to four hundred
and eight pounds, ten shillings. Next year,
Sir James Turner sent six foot soldiers to
quarter upon him, from March to the middle
of June. These had each of them twelve
pence a day, besides free quarters, which
amounts to seven hundred and fifty-six
pounds. By those hardships, Corsack was
obliged to leave his house, and wander up
and down ; and upon his hiding, he lost his
horse worth an hundred pounds, and was
seized himself, and imprisoned for some
time. The loss of his household stuff) vic
tual, and most part of his sheep, cannot be
well reckoned. When they had turned his
lady and children to the doors, they fell
next upon his tenants, and obliged them to
bring them in sheep, lambs, meal, and malt,
till they were w r ell nigh ruined. And last
of all, they drove all his oxen and black
cattle to Glasgow, and sold them. And all
this for nothing else but precise noncon
formity. After all this oppression, of which
I have before me an attested account, the
reader can scarce wonder that he and many
others in the like circumstances, took hold
on the first opportunity that offered to
complain of, and relieve themselves of those
calamities. When essaying this, he is taken
at Pentland, and, when a prisoner in Edin
burgh tolbooth, Sir James Turner used his
interest to get his life spared, because Cor
sack, out of his truly Christian temper,
saved Sir James, when some were seeking
to take his life, both at Dumfries and after
wards, though few had felt more of his
severity than this gentleman : Mr. Dalgliesh
the curate, getting notice of it, applied him
self to some of the bishops, and acquainted
them, Corsack was a ringleader to the fan
atics in Galloway, and if he were spared, he
needed not think of continuing in his parish,
and they might spare them all. This went
further than Sir James his interest could go,
and so he was executed.

His lady being in Edinburgh after her

CHAP. I.]

OF THE CHURCH OF SCOTLAND.

husband s death, Maxwell of Milton came
to the house of Corsack, with thirty men,
and took away every thing that was portable,
and destroyed the rest, and turned the
family, and a nurse with a sucking child, to
the open fields. Some time after, Sir Wil
liam Bannantyne came and inventoried any
thing that was in the house, seized that
year s crop, and arrested the rents in the
tenants hands. One of the tenants, Arthur
M Gachie in Glenhead, with his wife and
a young child, were carried off prisoners,
and kept some weeks, merely because he
had conversed with his master Corsack,
before Pentland, a day or two after he had
been at Dumfries. The same Sir William,
a little after, came, and took lodging with
thirty horse in Corsack, till the lady gave
him a bond, with two neighbour gentlemen
cautioners, for three hundred merks. The
laird of Partan, a papist, possessed himself
of a part of Corsack s lands contiguous to
his in that parish, of about eighty pounds
Scots yearly, and forced the tenant to pay
one hundred and twenty pounds of rent,
due to Corsack before Pentland. And fur
ther, by virtue of the forfeiture, the said
popish gentleman defrauded the lady Cor
sack of a bond he had given to her husband,
of four hundred and eight merks Scots, and
all the interest. The said gentlewoman had
all her moveables seized, for her converse
with her own son, who had been intercom-
muned, and paid near an hundred pounds.
In the year 1680, her son was forfeited,
merely for noncompearance ; and in a year
or two, by Claverhouse s troop, and others,
she lost and expended on vexatious suits,
upwards of four hundred pounds. Her
eldest son, for three years was forced to
wander and hide in Ireland. In the year
1684-, she and her second son being cited to
a court for not hearing the curate, her son
was imprisoned for some months, and fined
in two hundred merks : and still forward,
until the liberty 1687, this excellent gentle
woman was vexed with parties of soldiers,
and compearance before courts, which put
her to great trouble, and much charges.
From these well vouched accounts, the
reader will have some view of the hardships

wherewith the families of such who

1666.

appeared at Pentland, were dis
tressed.

That terror might be struck into the west
country, while the blood of the Lord s
people is running so fast at Edinburgh, a
commission is granted to the persons named
in it, or any three of them, with a justiciary
power, to try and judge such who were con
cerned in Pentland rising : I have inserted
it below.* By virtue of this commission,

* Commission for justiciary at Glasgow, Decem
ber, 1666.

Charles, by the grace of God, king of Great
Britain, France and Ireland, defender of the
faith, to all and sundry our good arid faithful
subjects, whom these presents do or may con
cern, greeting: Forasmeikle as, albeit it hath
pleased Almighty God, to bless our forces under
the command and conduct of our lieutenant-
general, with an absolute victory of those rebels
who did first rise in arms at Dumfries, and so
far prosecute these rebellious courses, as to
imbody themselves in a military posture, and
march through many shires forgetting associates
and complices, and "at last, in open fields near
Pentland Hills, did encounter our forces, and
endeavour their overthrow; yet nevertheless the
danger of thatliorrid rebellion does still continue,
and, if not timously prevented, may again break
out and involve the kingdom in new troubles and
confusions, to the hazard of the lives of many
of our good subjects, and subverting of religion
and ecclesiastical government, and of our author
ity and laws, there being many desperate and
incorrigible traitors engaged in that rebellion,
who did not at first appear themselves in arms,
but have been abetters or assisters thereof, by
correspondence, intercommuning, or giving in
telligence, for carrying on their wicked designs,
or by resetting of their persons, have been pro
moters of the said treasonable courses ; as like
wise some gentlemen, ministers and others did
convocate and put themselves in arms in the
shire of Ayr, and there determine to rise, and
associate to themselves all such who were disaf
fected to our government, that they might join
with these rebels who had first risen in arms,
and hereby added such strength and vigour to
the carrying on of that rebellion, that they might
have continued longer, and brought on this our
kingdom all the miseries of an unhappy and
bloody war, if the defeat and overthrow of that
party at Pentland had not happened. There
fore, and for preventing these mischiefs, and
securing the peace of our kingdom, and our
authority and government for the future, we,
wkh the advice of the lords of our privy coun
cil, have nominated and appointed our right
trusty and well-beloved counsellors and cousins,
the lord duke Hamilton, the lord marquis of
Montrose, the earl of Argyle, the earl of Lin-
lithgow, the earl of Kelly, the earl of Galloway,
the earl of \V5gton, the earl of Nithsdale, the
earl of Dumfries, tho earl of Callender, the earl
of Airly, the earl of Annandale, the lord Mont
gomery, the lord Drumlanrig, the master of

THE HISTORY OF THE SUFFERINGS

52

at Glasgow, December 17th, the
earls of Linlithgow and Wigton,
the lord Montgomery, and Mungo Murray,
constitute themselves in a court; and Mr.
Thomas Gordon, writer in Edinburgh, is
chosen their clerk. Sir William Purves,
his majesty s solicitor, indicts Robert Bun-
tine in Fenwick parish, John Hart in West-
quarter in Glassford parish, Robert Scot in
Dalserf parish, and Matthew Paton, shoe
maker in Newmills. The court finds them
guilty of rebellion and treason, and sentences
them to be hanged at Glasgow, upon Wed
nesday, December 19th. Their process
I have not insert, as coinciding, mutatis
mutandis, with that against those, who were
tried before the justiciary court at Edin
burgh, which the reader will find in a
preceding note, see page 39. They were
accordingly executed that day. The men
were most cheerful, and had much of a
sense of the Divine love upon them, and a
great deal of peace in their sufferings. It
was here that abominable practice was
begun, which turned afterwards so common,
of the soldiers beating drums when the

Cochran, general Dalziel, lieutenant-general
Drummond, James Crichton, brother to the
earl of Dumfries, colonel James Montgomery,
Charles Maitland of Halton, Mungo Murray,
or any three of them, giving them full power,
warrant, and authority, to go to any shire, burgh,
or place, where there was any rising or insur
rection, and there to hold courts, cite parties,
and examine witnesses, and take all other courses
which they think fit for trying and discovering
all such persons who were authors, aiders, or
abetters of the satd rebellion, and did keep
correspondence, intercommune with, or reset
the persons of any of these rebels, or furnished
them with ammunition, arms, horses or any
other things which might supply or strengthen
them in the prosecution of their rebellious
courses ; with power likewise to seize upon
their persons, and incarcerate them till they be
tried, and to search their houses and other
suspect places, and to enter the same by force in
case of resistance, or otherwise to take bond and
security for their appearance, whenever they
shall be called. And for their more speedy and
effectual carrying on of this their commission,
with power to divide themselves that they may
go to several places at one time, and for that end,
any one or two of their number to take trial,
search, and apprehend all persons suspect within
their several divisions; and further, in case,
after examination and trial, there shall be any
persons who shall appear guilty of the crimes
foresaid, by clear and undoubted evidences, we
give full power and commission to the persons

[BOOK IT.

sufferers spoke to the spectators before
their death. Reflections need not be made
upon this barbarous unchristian practice,
scarce any where used, but by the popish
inquisitors, and is a plain evidence of an ill
cause, which cannot bear the light. The
persecutors were afraid lest the words of
these dying witnesses for truth, would con
firm and strengthen honest people in their
adherence to, and appearance for liberty
and reformation ; and I cannot say they
were mistaken in their fears, for the Christian
and manly carriage of those noble sufferers,
had a mighty influence upon multitudes.
Few, if any, were terrified by their public
death, and many were convinced of the
goodness of their cause, and fixed in their
resolutions to adhere to it.

To return again to Edinburgh : upon the
18th of December, the above named justice-
clerk and justice-depute, have before them
Mr. Hugh M Kail, Thomas Lennox, Hum
phrey Colquhoun, Ralph Shield, clother in
Ayr, William Pedin, merchant there, John
Wodrow, merchant in Glasgow, Robert
M Millan, John Wilson in the parish of

foresaid, or any three of them, which are declar
ed to be a full quorum, to be our justices in that
part, with power to them to meet at such
times and places as they shall think convenient ;
and then and there, to affix and hold courts,
create clerks, sergeants, dempsters, and all other
members of court needful, to call assizes of
persons of best understanding, absents to amer
ciate, unlaws and amerciaments to be uplifted
and exacted ; and in the said courts to call the
whole persons guilty and suspect to be guilty of
the crimes foresaid, and put them to their trial,
and knowledge of an assize ; and according as
they shall be found innocent or guilty of the said
crimes, that they cause justice to be done upon
them accordingly ; and generally all and sundry
other things requisite and necessary for execut
ing the said commission, to do, use and exerce,
promitting to hold firm and stable ; command
ing hereby our advocate or his deputes to draw
their indictments, and pursue them before our
commissioners foresaid; and in case they find
any difficulty in the matter of probation or
evidence, that they secure the person until they
advertise the lords of our privy council, tha t
they may ordain our justice general or his
deputes, to proceed against them; and we hort-by
require the commanders and officers of our
forces, and all sheriffs, magistrates of burghs, and
others, to be assisting to our commissioners, in
prosecution of this our service, as they will be
answerable. Given under our signet at Kdin-
burgh, the 5th day of December, 16C6, and of
our reign the eighteenth year.

CHAP. I.] OF THE CHURCH

Kilmaurs, Mungo Kaipo in Evandale. The
judges pronounce sentence of death upon
them, and order them to be hanged at the
cross of Edinburgh, December 22d. All
of them, save three, were executed that day ;
and most part of their speeches are already
more than once published. Upon the 21st
of December, I find the council supersede
the execution of the sentence of death upon
Robert M Millan, William Pedin, Thomas
Lennox, and John Lindsay, formerly repriev
ed, till further orders. As far as I can
guess, these four got off after some impri
sonment, and partial compliances ; probably
the reason of this was the king s letter
formerly mentioned, for sisting execution.
When the rest are despatched, the council
order the magistrates to take down the
gallows at the cross to-morrow ; and dis
pense with the cutting off the heads and
hands of such as are to be executed. Now
all were satiate with blood except the
prelates, and they were forced to yield.

Before those executions began, which I
have put altogether, upon the 4th of De
cember I find the council order Mr. Hugh
M Kail and John Neilson of Corsack, to be
tortured with the boots, a practice not
used before in Scotland, in the memory of
any now living ; and I doubt if it was often
practised since the reformation. Now it
was brought in, and violently urged by the
prelates, and afterward frequently used, as
we shall hear. This, with other inhuman and
barbarous tortures made use of in this period,
was justly complained of at the revolution,
and abrogated. What moved the council
to pitch upon those two I do not know.
Mr. M Kail was a youth of great sense and
learning, and Corsack a gentleman of excel
lent parts, and probably from them they
expected vast discoveries. A conspiracy
was pretended, and they were to be exam
ined by this torture in presence of the
council, and interrogatories formed to be
put to them, which I have not seen. But
there was indeed no plot to be found, and
their rising was merely for self-defence, and
unconcerted. Corsack was fearfully tor
mented, so that his shrieks would have
melted any body but those present, who
still called for the other touch. Nothing

OF SCOTLAND. 53

was recorded, for all they said was
what they had candidly signified
before, that the oppression of the country
had forced them to rise in arms, and being
up, they were obliged in self-defence to stick
together. The sufferings of Mr. Hugh
M Kail are so singular, that though they
are printed in Naphtali, yet being so proper
for a history of this nature, 1 would willingly
have insert them here were they not very
prolix, and therefore must refer my reader
thither, for a larger account of this singular
person.

No discoveries being made, or indeed
further to be made from the prisoners at
Edinburgh, the commissioner Rothes, now
come from court, resolves upon a progress
through the west and south, that he might
be at the bottom of an imaginary conspiracy
and plot, he would fain have landed upon
some body or other. He came first to
Glasgow, and from thence to the town of
Ayr, with a committee of noblemen and
others with him, having a justiciary power.

At Ayr, upon the 24th of December, the
earl of Kellie, lieutenant-general Drummond,
Charles Maitland of Hatton, James Creigh-
ton brother to the earl of Dumfries, sit
in judgment, and have twelve more of the
prisoners before them, indicted by the soli
citor for treason. They are" found guilty,
and ordered to be executed at Ayr, Irvine,
and Dumfries ; and the sentence was put in
execution accordingly. Thursday, the 27th
of December, was appointed for the hang
ing of eight of them, James Smith, Alexan
der M Millan, James M Millan, George
M Cartney, John Short, John Graham,
James Muirhead, and Cornelius Anderson,
in the town of Ayr. The hangman of that
town being unwilling to imbrue his hands
in the blood of those good men, got out of
the way, and no other could be found to
undertake this hateful work. The provost
not being able to find one for this office,
proposed this expedient, which was gone
into : That one of the eight who were con
demned should have his life, if he would
consent to become burner to the rest; and
with difficulty enough Cornelius Anderson
is prevailed upon. When the execution
day is come, the poor man s heart being

1C6G.

54 THE HISTORY OF

like to fail him, the provost, to
secure all, took care to make him
almost drunk with brandy. Thus, with
much difficulty, they got their sentence
executed. Other two of them, James
Blackwood and John M Coul, were exe
cuted at Irvine upon Monday December
last (31st). When Mr. Alexander Nisbet,
minister there, visited them in prison, he
found them ignorant, and very much dis
couraged and damped with the near views
of death and eternity. After he had be
stowed some pains upon them, and instructed
them in the way of salvation by faith in
Christ, when the day of execution came,
they died full of joy and courage, to the
admiration of all who were witnesses. An
derson, as I am told, was likewise obliged
to hang them, and in a few days he himself
died in distraction and great misery.

The courage and behaviour of William
Sutherland, hangman at Irvine, a man very
much master of the scriptures, and blameless
and pious, and the carriage of the persecu
tors to him, deserve a room here. His own
declaration, which I am well assured is
genuine, and formed by himself, and account
of his examination, will set this matter in
its native light ; and therefore, though the
paper be rude, and in a very homely dress,
I have insert it below.* This poor man,

* William Sutherland s declaration and examina
tion.

The sense of God s goodness, who justifies the
ungodly, and calls things that are not, and the
persuasion of Christian friends, to whose charity
I was much obliged during my imprisonment
at Ayr for many weeks, moved me to declare as
follows :

I being come of poor parents in Strath n aver,
(the wildest part of the north Highlands) who
were not able to keep me, I was hired with a
master who sent me to bring back a horse that
colonel Morgan s party had taken from him ;
which party I followed till the enemy fell
betwixt me and home, and being afraid to go
back, and having a desire to learn the lowland
tongue, I came alongst in a sad condition with
the said party, till I came to Spey-side where I
herded cattle for a year in the parish of Boharm,
at a place called the New Kirk ; from thence I
came to the parish of Fyvie in Buchan, where
I also herded cattle for another year ; from that
place I came to the bridge of Stirling, where I
followed the same employment a third year,
which was the year the king came home; and
from thence I came to Paisley, where after
herding cattle a fourth year, I feH in extreme
want, and that by the reason, the master whom

THE SUFFERINGS [BOOK II.

after the hangman at Ayr fled, was by force
brought from Irvine to that place, and
boldly stood out against all the fair and foul
means used to bring him to execute the
above named persons there. When he had
been put in the stocks, and endured all the
hardships he himself gives account of, and
still persisted in his refusal, lieutenant-gene
ral Drummond ordered him to be taken
out and bound to a stake, and caused a file
of musketeers present their pieces, assuring
him he was a dead man, if he yielded not
to hang the condemned persons. This
moved him not. Then they covered his
face, and after a little the soldiers were,
ordered to run in upon him with a shout,
and all the noise they could make. Thus
they resolved to make him feel the fear of
death, though he escaped the pain of it.
And this was his martyrdom, which he
underwent with a great deal of composure
and resolution.

John Grier and William Welsh, the
remaining pair of those condemned at Ayr,
were executed at Dumfries, upon Wednes
day January 2d, 1667. Thither the com
missioner with his company came; and
after all the pains he had taken in this
perambulation of the country, to discover
a supposed plot, upon which the rising
was alleged to have been founded, only

I served being owing to one of the bailies,
called John Weres, the bailie seized upon my
master s goods, so that he ran away, and I lost
my fee, and was engaged by the counsel of some
honest men from that scripture, " Suffer not a
witch to live," to execute a witch, and to cleanse

himney heads, whereby I gained somewhat for
livelihood ; and having a mind to learn to read,
I bought a Question Book, but finding the people
there to scar at my company, so that none would

ive me a lesson, I came from Paisley to Irwin,
about five years since, where, finding the people
more charitable, and to encourage me in learning,
1 did so aifect my book, the people, and the place,
that without engagement I did act the part of an
executioner, when they had any malefactors to
put to death, and so with much trouble I attained
to learn to read English, and as I grew acquainted
with the Bible, 1 began to scruple to execute any,
except I was clear they deserved to die ; and
when the business of being executioner to some
Southland men in Ayr came to my door, the
scruples of my conscience grew upon my hand,
because 1 had heard they were godly men, who
had been oppressed by the bishops, whom I
never liked since I loved the Bible ; therefore
I having a jealousy in my mind, that I should
be troubled, I had a mind to go from the town

OF THE CHURCH OF SCOTLAND.

CHAP. I.]

learned that there was nothing to be dis
covered.

Thus 1 have given as full an account, as
I could gather, of the sufferings unto death

after I heard some sermons ; it being the Lord s
day, I having come to the kirk, opened my book,
and the first place that came to my eyes, was
that scripture Heb. iV. 12. to the end of the
chapter. This word by the blessing of the Lord
God blessing it to me, was so strengthening and
refreshing to me, that all the trouble in the
world was not able to quench it out of my heart ;
and I having gone again in the afternoon to the
kirk, I was taken out of the kirk and brought
before the provost, and I refused to go willingly
to Ayr. The provost told me, I would be forced
against my will. I told him, one might lead a
horse to the water, but twenty-four would not
make him drink, no more should any make me
to do that deed ; whereupon I was put in the
tolbooth till Monday at night (where I got
much comfort reading the fourth chapter of the
epistle to the Heb. ), when a sergeant with six
soldiers came from Ayr to Irwin for me, and
the provost, to terrify me, brought me out before
them ; and when they saw it would not do, then
1 was sent back again to prison until Tuesday
morning, then 1 was constrained to go with the
guard that came for me from Ayr. They offered
me meat and drink, but I refused, and would
not take it, but bought a farthel of bread and a
mutchkin of ale ; and when I came thither I
was brought before the provost, and notwith
standing of many promises by the provost, and
those that were with him, I refused to undertake
to execute the southland men, whereupon I was
presently committed to prison in the tolbooth ; j
and the first night I was prisoner, there was one |
Mr. White a curate came to me to persuade me
to do any office on the said persons, and said,
What is this you are doing? do ye not know
that thir men are guilty of rebellion ? and from
1 Sam. xv. told, me that the rebellion whereof
these men were guilty was as the sin of witch
craft : to whom I answered, that that rebellion
was Saul s rebellion against the immediate
command and revealed will of God, and that
for sparing Agag and the best of the cattle ;
and was as the rebellion spoken of the children
of Israel, when they rebelled and refused to go
to the land of Canaan, but would have chosen
captains, and have gone back again to Egypt;
and that is like the rebellion spoken of by the
prophet Isaiah, " All day long have I stretched
out my hands to a stiff-necked, rebellious and
gainsaying people." I told him this was not
rebellion against man, and in the New Testa
ment it is called a trespass, and our Lord said
to Peter, " If thy brother trespass against
thee, forgive unto seventy times seven." So
I think, if the Galloway men should trespass
twenty times, it was far fewer than seventy
times seven, the king should forgive them,
though it were rebellion against him, which I
do deny : remember what good king David
did when he fled from Absalom, when Shimei
came out and cursed him, and cast earth and
stone at him, but yet he forgave him, much
more I think our king should forgive the Gallo
way men, who respected and prayed for him,
and who, if he were amongst them, would not

of these persons taken at Pentland.

The following persecution of the

rest who escaped, and of some gentlemen

who never joined them, by forfeiture and

let a hair of his head fall to the ground. But,
said Mr. White, David was a prophet and a
merciful man : Well, said I, Sir, will ye make
ill men your example, and not good men, what
divinity is that? At which he was so ashamed,
the soldiers laughing at him, that he said in bis
anger, Away with thee, the devil is in thee,
and thou hast dealing with familiar spirits. 1
answered, If the devil be in me, he is an
unnatural devil, for if he were like the rest of
devils, he would bid me take as many lives as I
could, that he might get many souls; but the
spirit that is in me will not suffer me to take
good men s lives. Then Mr. White left me,
and a number of cursed blaspheming soldiers
came about me, and brought me before the
general and lieutenant-general, my lord Kellie,
my lord provost, and several other gentlemen,
where they were met together in a lodging in
the town : some of them boasted me, and some
of them scorned me, and some of them said, I
would go to the devil with the rest of the country
folk. Others asked me, If I were a covenanter,
he must be a covenanter. I said though 1 was
no covenanter, yet I had respect to it for his
sake by whom it was named, and who had in
his word threatened to send a sword to avenge
the quarrel of his covenant ; and I said, what a
covenant will ye give us? If ye take away the
covenant of God, ye will give us the covenant of
the devil, for there is but two covenants, a good
one and a bad one. Then they called for the
boots to put me in ; and I said, Bring the boots
and the spurs too, you shall not prevail. Then
they were angry, and said, The rogue scorns us,
and thinks no better than to do so. Then they
mentioned that a cruse full of hot lead should be
poured on my hands, and while the lead was
melting, they went aside and spake Latin, as 1
thought, among themselves, and when they had
done, they brought the lead to pour it on my
hands, and I was willing to receive it rather
than to obey; then they were astonished, and
had put it on the fire again until they should ge.t
more speech out of me. Then my lord Kellie
came unto me, and flattering me, said, Poor
man, I heard they wronged thee, and brought
thee out of the kirk on the Sabbath-day betwixt
the preachings, they might have let thee heard
the sermon, I heard they put thee in the tolbooth ;
who came to see you when you were in the
prison? did not your minister Mr. Alexander
Nisbet come to see you, nor any of the honest
men of the town ? I answered (as it was true),
none came to see me. He said, they have been
very unkind ; did you not see Mr. James Fer-
gusson since we came west ? I said No. Then
said the lieutenant-general, Away with him,
they have forbidden him to tell, and have said,
nothing shall ail him, but he shall rue it when
he shall be hanged, and casten out to be eaten
of dogs : tell me quickly, said he, who learned
you these answers, and forbade you to tell ; I
perceive you have gotten a paper from some of
these rebellious people, and has gotten your
answers perquire. I said, Not so, my lord, but
God> that said, Fear not when ye shall be

If.GG.

THE HISTORY OF THE SUFFERINGS [BOOK II.

persons carriage, both in prison and at their

otherwise, will come in the order of

time upon the succeeding years.
It is a loss we have not preserved to us a
more particular account of these excellent

death. By the short hints I have met with,
I persuade myself it would have been very
useful and instructive. Their behaviour all

brought before kings and rulers for my sake,
it shall be given you in that hour what you
shall say, I will give thee a mouth, and wisdom
that thine adversaries shall not be able to answer,
lie makes his promise good to me. Then a
number of the gentlemen said, Away with him,
the devil is in him, he has dealing with familiar
spirits. I answered him, as I answered Mr.
White before. Then said the lieutenant-gene
ral, Tell me quickly who put these words in thy
mouth, or you shall be hanged : to which I
answered, Even he who made Balaam s ass to
speak and reprove the madness of the prophet ;
and marvel not, for he that could make a dumb
ass to speak, can much more make me a reason
able creature to speak, it is he that gave me
these answers, and likewise forbids me to do
this, it is he and no other. Then said my lord
Kellie, He thinks no better sport than to bring
scripture as he would confound us with it, but
you shall rue it when you are going to be hanged.
I answered, If this confound you, ye shall be
better confounded yet, read ye never that
chapter, 1 Cor. i. 2629? "How not many
wise men after the flesh, not many mighty, not
many noble are called, but God hath chosen the
foolish things of the world to confound the
things that are mighty ; and base things of the
world, and things that are despised hath God
chosen, and things that are not, to bring to
nought the things that are, that no flesh should
glory in his presence." Then said my lord
Kellie, Take the devil out of my sight, and put
him in the narrowest place of the stocks. The
provost of Ayr, when he saw me altogether
refusing, he rounded in my lug, What are you
afraid of the country folk, I shall give you fifty
dollars, and you may go to the Highlands, or
where you please. I answered him, speaking
out loud that all might hear, What, would you
have me sell my conscience, where can I "flee
from God? remember Jonas fled from God,
but the Lord found him out, and ducked him
over the lugs, so shall he me, if I go over the
light of my conscience. Then I was taken
away and put in the stocks; then came four
musketeers before me and charged their muskets,
lighted their matches, the more to terrify me,
and brought a cap for my head ; but when they
saw me open my breast to receive the shots, and
that I was willing to die, then came one and
said, Let him alone, he shall riot be shot, he
shall be hanged and drawn out of the town
that dogs may eat him, for shots is over good a
death for him. While I was thus in the stocks
I was very thirsty, and called for a drink ; then
they intended to bring me a drink of wine ; but
one of the soldiers, an Irishman, that could
speak Latin, forbade me to take of their wine ;
as he told me afterwards, they had a mind
rather to poison me, and to give me that which
would distract me ; and because I refused, they
threatened in their anger, that whosoever gave
me a drink of water should get the goadloup ;
so I lay until it was dark night, and there
was people that would have given me meat and
drink, but the soldiers would say blasphemously,
If ye come one foot further here, I Khali

rash my pike through your soul ; then I said to
that soldier that was sentry over me, and sitting
beside me, Give me a chopin of water, and I
will give you a chopin of ale for it; but he said,
I dare riot, you heard what was threatened, but
if you will give me a sixpence, I will hazard;
so I gave him a sixpence, 1 having half-a-crown
about me, and thinking to die to-morrow, I
thought a chopin of -water was better to me than
all the money in the world ; then he brought
me the chopin of water, and held his cloak
betwixt me and the light, for fear the rest of
the soldiers should see ; and when I had drunk,
I was much refreshed. Thereafter some stand
ing by, said to me, What needs you or any
others make din about bishops, seeing there is
no other gospel pressed upon you but what was
before? to whom I answered, Know ye not
what Paul says, Gal. i. 6. " I marvel that ye
are so soon removed to another gospel, which is
not another ; but there are some that trouble
you, and pervert the gospel of Christ ; and if any
man says he brings another gospel, or perverts
the same gospel, let him be accursed," and con
sider to whom that belongs ; but what think ye
of the bishops, said some? I answered, that I
truly think the bishops take more on them than
Christ, who was a better preacher than any of
them ; for he would not meddle with the divid
ing the inheritance among the brethren; as
when the young man in the Gospel came to
Christ, saying to him, Master, bid my brother
divide the inheritance with me, but our Lord
refused, saying, Who made me a judge? seeing,
he being a spiritual teacher, refused to meddle
with civil law, why will our bishops sit in par
liament, and go in before earls? 1 am informed
they sit and ride in parliament, and judge in
worldly affairs ; they have their coaches to sit
in, but neither Christ nor his apostles had them ;
they are lords over God s heritage, and our
Saviour says to his ministers, The princes of the
Gentiles exercise dominion, but it shall not be so
among you, but he that will be greatest shall be
servant of all. The bishops are like the Scribes
and Pharisees against whom the Lord pro
nounced many a wo ; Wo be to you Scribes and
Pharisees, ye love the chief seats in the syna
gogues, so love our bishops the chief seats of the
parliament ; Wo be to you Scribes and Pharisees,
for ye love to wear long robes, and to be called
of men Rabbi : the bishops desire side gowns,
and a man to bear up their tails too, and they
think they never get their right style till they be
called my lord, and some of them your grace ;
you give grace to a graceless face ; they oppress
the poor people to feed their own bellies, for
which the Lord pronounces many a wo against
them. Then said they, Timothy and Titus were
bishops. I answered, They were preaching
bishops, but not bishops over whole dioceses ; and
as the apostle says, 1 Tim. iii. "a bishop should
be blameless, the husband of one wife, vigilant,
sober, of good behaviour, given to hospitality, apt
to teach;" so I think a preaching bishop should
have but one flock, but they will not be content
with one kirk ; and if every bishop had as many
of your wives as he has kirks, you would be as

CHAP. I.] OF THE CHURCH OF SCOTLAND.

along was with the greatest meekness and would save their lives by renouncing
magnanimity ; and very much of the spirit the covenants, and taking the de-

of the primitive Christians runs through
many of their last speeches. None of them

ill pleased with them as I am. Remember ye not
that scripture, " He that will not work should
not eat ?" The bishops must have thousands in
the year, but they preach but when they will.
Then they asked me, What think you of the
king ? I said, would you have me speak treason ?
the king is set over us all by God, and all his
subjects should pray for him, and defend his
person and government, and obey in all things
according to the word of God ; but I wish that
his majesty and all kings may take good heed to
the law oY the Lord. Remember ye what
befell king Uzziah that went into the temple to
burn incense, which was not his office, and the
priests forbade him and said, It shall not be
for thy honour; and the plague of God broke
out upon him, and he remained a leper all his
days; so I think our king should tear God s
judgments for breaking and changing the wor
ship of God. Remember ye not the king of
Jerusalem that made a covenant with the king
of Babylon, and the Lord owned it as his cove
nant ; when he broke it, he said he should be
punished, his children were slain before his eyes,
and his eyes plucked out, and he carried
prisoner to Babylon, where he died. Remember
you not how Herod in the 12th of the Acts,
went up to the high place to make an oration,
and the people said, It is the voice of a god, and
not of a man, and the Lord sent his angel and
smote him, and he was eaten of worms, that he
died ; so I perceive there is no difference before
God between the king and the beggar. Remem
ber that covenant that was between the Turk
and the Christian king ; the Christian brake the
covenant, and the Turk held up the covenant,
and said, If thou be a God as the Christians say,
and as we dream thou art, revenge the quarrel
of thy perfidious people, who in their deeds
deny thee to be God, and he won the battle;
and think ye not the king should be afraid for
the breaking of his lawful oath? Then Mr.
White came in and disguised himself, and put
on a gray hat and gray clothes that I should not
know him, and he sat down upon the stocks
beside me and began to say, I wonder at these
country folks, if they had any other gospel
preached unto them, it were something : then I
answered, see what the scripture says, Gal. i. 6
10. " I marvel that ye ai eso soon removed from
him that called you into the grace of Christ
unto another gospel ; which is not another ; but
there be some that trouble you, and would per
vert the gospel of Christ : but though we or an
angel from heaven preach any other gospel unto
you than that which we have preached unto
you, let him be accursed ; for do I now persuade
men or God, or do I speak to please men ? for
if I yet pleased men, I should not be the servant
of Christ." Then said they, Have you learned
your Latin, Greek, and Hebrew, that you
should know these things? as long as better
scholars and great men have done, it,\vhat needs
you trouble yourself? That is, said I, as spoken
in the Gospel of John, when the Scribes and
Pharisees sent officers to take Christ, when
he spake that parable, He that believeth on me,
I!.

claration. None of them made any shifting
defences in their process, but fairly and

as the scripture hath said, out of his belly shall
flow rivers of living water; then the Scribes
sent officers to take him, and when they had
| not taken him, they asked, Why have ye not
brought him ? the officers answered, Never man
spake as this man ; then answered the Pharisees,
Are ye also deceived ? Have any of the rulers
believed on him ? but this people who know not
the law are accursed. Remember ye not what
our blessed Lord said, I thank thee, O Father
of heaven and earth, that thou hast hid these
i things from the wise and prudent, and revealed
i them to babes. How know ye, but the Lord
! has revealed more to me than your bishops with
j their side tails? Then came the captain of the
guard and said, You may see we are right and they
are wrong ; for we have won and they have lost :
i I did then remember what the scripture saith
of John the Baptist, there was not one greater
born among women, who was the forerunner of
Christ, yet when he had done the work the
Lord sent him for, he was beheaded by cursed
Herod ; many of you say that Herod was right,
and John the Baptist wrong. They were not able
to answer this. Then I said, W T hen Cromwell
took his prisoners, he neither headed them nor
hanged them as ye do ; then they answered me,
Cromwell had not right nor law as we have :
I said, I will seek no other words against you
than that of your own mouth, for ye say, that
Cromwell had no right nor law, yet he won
many a battle against you, and over-ruled the
best of you ; ye see a wicked man may prosper
in an evil cause ; for your law, I trow, it be
like that cursed law, By our law he must die,
and by our law they must die. Then came
some of the soldiers, and said, We have heard
tell of some of your countrymen that have
j been hanged for stealing kine and horse and
I sheep, but you are the first we have heard of
laid down his life for religion : then I answered,
If one that is barbarous, or come out of a barbar
ous place, has respect to his conscience, what
shall come of you who think yourself brought
up at the feet of Gamaliel, that has no respect
to your conscience, what think you shall become
of you when you shall be judged at the last day ?
Then said they, Speak no more to him, let him
alone. Then after that I heard that they would
take no more lives ; then came some of the
greatest men to me, and said, What think you of
yourself now ? there is a barrel with pikes made
to put thee in, and roll thee up and down : I
said, I even think of myself as I did at first; I
said unto him, W T hyhave you not taken all their
lives, seeing they are all alike guilty? Then they
said, You are more cruel than we are, for we
have taken but some to be example to others ;
then I said, Wo be to your example, for your
example is not according to the word of God,
for remember what the word of God saith. The
son shall not die for the father, nor the father
for the son, far less should a man be an example
to one that is born in England or Ireland. I
heard that they were minded to strangle me in
prison, but they could not agree among them
selves ; they said, We cannot tell how to do it,

THE HISTORY OF THE SUFFERINGS

58

boldly owned what they had done,
as Christians and Scotsmen, for
the cause of religion and liberty. All
of them owned the king s authority, and
disclaimed any rebellious designs, to set up
against the government, and still professed
they were craving no more, but a redress
of the church and kingdom s grievances iu
the only way now left them. I hear, most,
if not all of them, left their written testi
monies behind them, and it is pity any of
them are lost. Scarce the half of them are
in Naphtali. Though some of them had
lived long in bondage through fear of death,
and others of them had sore anguish of
body through the wounds received at Pent-
land, their torture, and other pieces of ill
treatment afterward, yet all of them died in
great serenity and peaceful hope of salva
tion. George Crawford was so pleased to
die, that he pressed to be up the ladder,
and, when upon the top of it, triumphed in
Christ. And as they had much solid peace
and comfort as to their own eternal state,
so many of them had a firm expectation
that God would deliver Scotland from the
bondage of bishops, and their influence
upon the heavy oppressions the country
was groaning under.

A few of them were persons of learning
and great knowledge. Major M Culloch,
Corsack, Mr. Hugh M Kail, have been
spoken of already. V/hen Knockbreck and
his brother were turned off the ladder, it is
said, they clasped each other in their arms,
and thus endured the pangs of death. The
most of them were illiterate persons, of very
common education, and yet in their dying
speeches they discover a greatness of soul,
much piety, and good sense. Their friends

but word will be gotten of it, and then it will
make us more odious. After I came out ot
prison, my lord Eglinton sent for me, and
asked me of thir passages, and he said to me,
Poor man, poor man, you did well in not doing
what they would have had you to do: I answered
to my lord, You are speaking treason, you say I
have done well, whereas you persecute them
from the fh-st to the last ; this tells me in experi
ence, that you have gone against the light ot
your conscience; \Vo will be to you that go against
the light of your conscience. My lord said, Know
you not I kept you from being hanged, and are
you telling me that? 1 answered, Keep me from
(frowning too, 1 will tell you the verity.

[BOOK n.

who knew them before, could not but
remark, it was given them what and how to
speak in that hour. John Wodrow, mer
chant in Glasgow, in his testimony and
etter to his wife, was observed to go far
Beyond one of his education and circum
stances ; and his very style was noticed to
be much above what it was formerly known
tobe.* Humphrey Colquhoun, when he died,
spoke not upon the scaffold and ladder, like
an ordinary townsman, but like one in the
suburbs of heaven ; related his Christian ex
periences, called for his Bible from one of his
friends, and laid it on his wounded arm, and
read some most apposite passages, and spoke
to the admiration of all who heard him.
Unless it be the first three worthies men
tioned in the former book, never did men in
Scotland die more lamented by the specta
tors, yea, the religious part of the nation,
but most of all, when Mr. Hugh M Kail
suffered, there was scarce ever seen so
much sorrow in on-lookers ; scarce was
there a dry cheek in the whole street, or
windows at the cross of Edinburgh .-f He

* This John Wodrow, 1 find from a MS.
history of the family now in my hands, was
uncle to the historian, though his native modesty
has prevented him from taking any notice of
the circumstance. Ed.

f At the place of execution, Mr. M Kail
having addressed to the people a speech and
testimony, which he had previously written
and subscribed, sung part of the Slst Psalm,
after which he prayed with great power and
fervency. He then*, handing from him his hat
and cloak, took hold of the ladder, and, as he
went up, said, with an audible voice, I care
no more to go up this ladder, and over it. than if
I were goiug home to my father s house. Friends
and fellow sufferers, be not afraid, every step
of this ladder is a degree nearer heaven." Hav
ing seated himself on the ladder, he said, " I do
partly believe, that the noble counsellors and
rulers of this land, would have used some miti
gation of this punishment, had they not been
instigated by the prelates, so that our blood lies
principally at the prelates door, but this is my
comfort now, I know that my Redeemer liveth,
&c. And now 1 do willingly lay down my
life for the truth and cause of God, the covenants
and work of reformation, which were once
counted the glory of this nation ; and it is for
endeavouring to defend these, and to extirpate
the bitter root of prelacy, that I embrace this
rope." Hearing the people weep, he continued,
" Your work is not to weep, but to pray, that
we may be honourably borne through, and bless
ed be the Lord that supports me now. As
I have been beholden to the prayers and kind
ness of many, since my imprisonment and sen
tence, so I hope you will not be wanting to m-j

OF THE CHURCH OF SCOTLAND,
of twenty-six years of age, lie faith upon, that the night after

CHAP. I.]

was a youth
universally beloved, singularly pious, of very
considerable learning. He had seen the
world, and travelled some years abroad, and
was a very comely graceful person. I am
told he used to fast one day every week,
and had frequently before this signified to
his friends, his impressions of such a death
as he now underwent. His share in the
rising was known to be but small; and
when he spoke of his comfort and joy in
death, heavy were the groans of these
present.

Many remarks might have been made
upon the process insert in the appendix, and
pleasant observes from the testimonies pub
lished in Naphtali ; but this would swell this
work very much. When these good people
were executed, such who were accustomed
too much to cursing, cursed the prelates;
and such as used to pray, prayed the guilt
of this innocent blood might not be laid to
their charge, nor visited upon the land. I
have met with several accounts of prodigies
seen in the air about this time ; and persons
who lived then, of good information, have
left behind them a very strange passage, that
several people about Pittenweem made pub-

1666.

now, in the last step of my journey, that I may
witness a good confession : and that ye may
know what the ground of my encouragement in
this work is, I shall read to you, in the last
chapter of the Bible," which, having read, he said,
" Here you see the glory that is to be revealed on
me ; a pure river of water of life, &c. ; and here
you see my access to my glory and reward,
< Let him that is athirst come, &c. ; and here
you see my welcome, The Spirit and the bride
say, Come. Then, looking down the scaffold, he
said, " I have one word more to say to my
friends, Where are ye? ye need neither lament
nor be ashamed of me in this condition, for I
make use of that expression of Christ, I go to
your Father and my Father, to your God and
my God. to your King and my King, to the
blessed apostles and martyrs, and to the city of
the living God, the heavenly Jerusalem, to an
innumerable company of angels, to the general
assembly of the first-born, to God the Judge of
all, to the spirits of just men made perfect, and
to Jesus the mediator of the new covenant ; and
I bid you all farewell, for God will be more
comfortable to you than I could be, and he will
he now more refreshing to me than you can be.
Farewell, farewell in the Lord." The napkin
was now put upon his face, but having prayed
for a short space, he put it up with his hand,
and said, he hud a word more to say concerning
what comfort he had in his death, " I hope you
perceive no alteration or discouragement in my

the battle, and after some of these
public executions, they heard the voice of
a multitude about Welston Mount, praising
and singing psalms with the sweetest melody
imaginable: but I am unwilling to insert
any thing here save what is fully attested,
and leave those things to be inquired into
by such as shall write a complete history of
these times.

It is not my work in this historical essay,
to insist upon a vindication of these religious
and excellent persons who suffered at this
time. This hath been done oftener than once,
and this rising hath been proven to be no
rebellion, but a necessary and forced appear
ance for religion, liberty, and property : and
yet, without ever attempting an answer to
what hath been said in vindication of
these sufferers, it hath been the way of the
prelatic party to run them down as villains
and rebels. This was the cant of the days
before the late happy revolution; and no
great wonder, since the then laws and gov
ernors were pleased to talk at this rate : but
this treatment, I confess, is a little odd
since that happy turn, when matters are
much altered. That Jacobites and papists

countenance and carriage, and, as it may be your
wonder, so, I profess, it is a wonder to myself,
and I will tell you the reason of it. Besides
the justice of my cause, this is my comfort,
what was said of Lazarus Avhen he died, that
the angels did carry his soul to Abraham s
bosom, so that as there is a great solemnity here
of a confluence of people, a scaffold, a gallows, a
people looking out at windows, so there is a
greater and more solemn preparation of angels,
to carry my soul to Christ s bosom Again this
is my comfort that it is to come to Christ s hand,
and he will present it blameless and faultless to
the Father, and then shall I be ever with the
Lord. Arid now I leave off to speak any more
to creatures, and begin my intercourse with
God, which shall never be broken off. Farewell
father and mother, friends and relations fare
well the world and all delights farewell meat
and drink farewell sun, moon, and stars
welcome God and Father welcome sweet
Jesus Christ, the Mediator of the new covenant,
welcome blessed spirit of grace, and God of
all consolation welcome glory welcome eter
nal life, arid welcome death." He then desired
the executioner not to turn him over till he
himself should put over his shoulders, which,aftcr
a few moments spent in prayer within himself, he
did, saying, " O Lord, into thy hands I commit
my spirit, for thou has redeemed my soul, O
God of truth." Vide Samson s Riddle, Naph-
tali, Biographia Scoticana, &c. &c. Ed.

60

THE HISTORY OF THE SUFFERINGS

1666 contmue ln tne st yl e of those

times, they would so willingly have
us back to, is no great wonder : but for any
who own the revolution, the authority of
king William of ever glorious memory, and
the Protestant entail now so happily taken
effect and established, to rail at these persons
as rebels and what not, is every way unac
countable and inconsistent. The very same
reasons which vindicate the revolution, " as
being an extraordinary case, a case of
necessity, and still implied, though not
expressed in the general rules of loyalty and
subjection to sovereigns, when the sovereign,
misled by evil counsellors, endeavoured to
subvert and extirpate the Protestant religion,
and the laws and liberties of the kingdom,"
to borrow the words of a great lawyer, the
same arguments are of equal weight in this
case. The cause was indeed the very same,
religion and reformation, law and liberty;
and had the attempt under the prince of
Orange miscarried, as, blessed be the Lord,
it did not, no question it would have been
branded with the same hard names of rebel
lion, and resisting the ordinance of God,
this was loaded with, yea, with worse.

We have seen the declaration of these
people who rose at Pentland, and I shall
refer the reader to the documents subjoined,
where he will see two associations or cove
nants, if he please, entered into at Exeter,
and in the north of England, while king James
VII. was upon the throne, which in some
things go a greater length than our Pentland
men.* And if the success of this rising

* Association at Exeter, 1688.
We whose names are hereunto subjoined, who
have now joined with the prince of Orange, for
the defence of the protestant religion, and for
the maintaining the ancient government, and
the laws and liberties of England, Scotland, and
Ireland, do engage to Almighty God, to his
highness the prince of Orange, arid to one another,
to stick firm to this cause, in the defence of it,
and never to depart from it, until our religion,
laws, and liberties, are so far secured to us in a
free parliament, that we shall be no more in
danger of falling under popery and slavery.
And whereas we are engaged in this common
cause, under the protection of the prince of
Orange, by which case his person might be
exposed to danger, and to the cursed attempts
of papists and other bloody men ; we do therefore
solemnly engage to God, and one another, that
if any such attempt be made upon him, we will

[BOOK II.
was not equal to that of the revolution,
these brave and gallant men were not to
blame: but the Lord s time set for the
delivery of this poor church and kingdom,
was not come. And I must add, what hath
been already hinted, that their appearance
was not concerted with that caution the
difficulty of the times required ; and they too
much depended upon assistance from others
in the same oppressed circumstances with
themselves : and when that failed them,
they failed in their attempt. But leaving
those things to others who may handle them
more fully, as a historian I shall only lay
before my readers, the plain matters of fact
as to this undertaking, many of them scat
tered up and down in the former account ;
that having the whole circumstances under
view at once, they may judge for themselves.
Pentland attempt, then, was no premedi
tated, but a very accidental rising, some few
country people were obliged to by the bar
barous oppression of the cruel soldiers. It
was merely upon necessity and self-defence
they took arms, being morally assured they
would be murdered by these merciless men,
had they not looked to themselves after their
first attempt. When some were thus got
together, others of better note joined them,
as being under the same grievances, though
not so liable to military execution as they ;
and knowing no other method of getting
redress, but in this posture, all application
to the king being discharged by law, and the
bishops in council effectually stopping any
thing like this; that they had no more in

pursue not only those that make it, but. all their
adherents, and all that we find in arms against
us, with the utmost severity of a just revenge,
to their ruin and destruction. And that the
execution of any such attempt (which God of
his infinite mercy forbid) shall not divert us
from prosecuting this cause, which we do now
undertake, but that it shall engage us to carry it
on with all the vigour that so barbarous an
action shall deserve.

Association in the North of England, 168S.

We being made sadly sensible of the arbitrary
and tyrannical government that is, by the influ
ence of Jesuitical counsels, coming upon us, do
unanimously declare, That not being willing to
deliver our posterity over to such a condition of
popery and slavery, as the aforesaid illegalities
do inevitably threaten, we will, to the utmost of
our power, oppose the same, by joining with the
prince of Orange, &c. And herein we hope all

CHAP. I.]
their view, appears plain enough, from their
treatment of Sir James Turner, when in
their hands. When they came eastward to
make this application, and had, at the noble
men s desire, with the general s concurrence,
agreed to a suspension of arms, and had in
part proposed their grievances, and these
were sent to the council, and they some
way under a treaty ; they were attacked in
a sudden and subdolous way, and obliged
then to resist force by force, when no
indemnity was allowed them When taken
at the engagement, they got quarters, and a
promise of their life ; and it was contrary to
all rules to be dealt thus with after quarter
given and taken. Several of those who
were executed, were not in the engagement,
had not borne arms, and were only in the
company with the rest, when going through
the country Some of them, I know not
how many, not having the date of the king s
letter, nor the time when the primate
received it, died to gratify bishop Sharp s
cruelty, and contrary to the king s express
orders, " that no lives should be taken."
All of them owned the king s authority, and
suffered really, if the matter be narrowly
considered, not so much for their rising in
arms, there was grace to pardon that, as for
their not renouncing their sworn covenant,
and refusing to take the declaration, for
which it would seem, the bishops would
allow of no mercy : so that they died not for
rebellion, but religion and conscience sake.
In short, the reader will notice, that these
worthy persons are fairly vindicated, as
soon as the nation recovered its senses, by
our revolution-parliament act, July 4th,
1690, rescinding forfeitry, where the forfeited

good protestants will, with their lives and
fortunes, be assistant to us, and not be bug-
beared with the opprobrious terms of rebels, by
which they would fright us to become perfect
slaves to their tyrannical insolencies and usur
pations : for we assure ourselves, that no rational
and unbiassed person will judge it rebellion to
defend our laws and religion, \vhich all our
princes have sworn at their coronation ; which
oath, how well it hath been observed of late, we
desire a free parliament may have the consider
ation of. We own it rebellion to resist a king
that governs by law, but he Avas always accounted
a tyrant, that made his will his law ; and to
resist such a one, we justly esteem no rebellion,
but a necessary defence, &c.

OF THE CHURCH OF SCOTLAND. 61

1666.

persons are restored, not ex gratia,
but exjustitia; and all decreets and
sentences pronounced by any judges against
them, are declared void and null from the
beginning. The good men confessed they had
risen in arms, and the thing was evident ; yet
our parliament, in this circumstantiate case,
plainly judging it not to be treasonable, or
rebellion, pronounce ex justitia, their sen
tences void and null from the beginning, and
those excellent persons innocent : and I
have no doubt, but long before this public
vindication from men, these sufferers had a
very comfortable sentence passed upon them
by the righteous Judge of all men.

CHAP. II.

OF THE STATE AND SUFFERINGS OF PRESBY
TERIANS DURING THE YEAR 1667.

1667.

THIS affair of Pentland had no small
influence upon the interests of pre
lacy in Scotland : some of the bishops at
least reckoned now their enemies were
buried, and that none would dare, after this,
to move a lip against them or their procedure.
Their fears were much over, and they took
care to brand the presbyterian party, as a
few inconsiderate rash rebels, enemies to
monarchy and them ; but they came to see
their mistake, and matters proved quite
contrary to their expectation. The blood
shed last year, had an effect not unusual in
the Christian church, really to encourage
good people in their adhering to the words
of Christ s patience. Since the reformation
there had been but few executions for
conscience sake ; and now when these are
turning common, by the cheerful and Chris
tian sufferings of so many, people are ani
mated to their duty, and hardened against
danger ; as if now, and scarce till now, they
had believed that torture and death for
Christ s sake, can be gone through with
cheerfulness, by Divine assistance ; and that
not only by eminent, but ordinary saints.

To blacken these noble sufferers, Mr.
Robert Lawrie,* a little after their death,

* He was by the people of Edinburgh, on a
former occasion, termed " the nest egg." Ed.

THE HISTORY OF THE SUFFERINGS

62

j 667 declared, from one of the pulpits
in Edinburgh, that they had gone
down to the pit with a lie in their right
hand ; but brought no proofs of his uncharit
able and unchristian censure. There was
indeed a cause ; he was hounded out to this
bitter and unjust reflection. Their death,
and the triumphant nature of it, had left
deep impressions of the righteousness of
their cause, and their own innocence :
and this public calumny only left the
speaker under a blot, yea, the hatred and
contempt of many, but did no hurt to the
sufferers. Indeed, from the time of these
repeated public executions, the episcopal
interest in - this kingdom gradually and
sensibly decayed, till the prelates, the chief
instruments of this bloodshed, were at length
laid aside as a public nuisance. The
nobility perfectly wearied to follow these
severe courses, and this year the persecution
slackened, people began more generally to
dishaunt the churches, and the outed
ministers ventured to preach a little more
publicly, particularly Mr. John Welsh, whose
labours were singularly and eminently
blessed of God. Multitudes flocked to their
sermons, and much love to the gospel
abounded in a proportion to the benefit
people felt by it: and the poor honest
people, who were in raillery called Whigs,
from a kind of milk they were forced to
drink in their wanderings and straits, became
name-fathers to all who espoused the interest
of liberty and property through Britain and
Ireland. If the reader would have another
and perhaps better origination of the word,
he may consult Burnet s Memoirs of the
House of Hamilton.

A little after the restoration, as hath been
observed, Lauderdale had reasoned against
the establishment of prelacy in Scotland, as
what would raise uneasiness to the govern
ment there, being really contrary to the
inclinations of the most and best of the
king s subjects. He was over-ruled, and
the general outward quiet of the country,
for some years after the obtrusion of episco
pacy, seemed to vindicate the sentiments
of such who had opposed him : but this
insurrection, together with the general and
growing contempt of the bishops and their

[BOOK II.

clergy, and the great frequenting of prcsb)-
terian ministers sermons, in houses and the
fields, made the king to reflect upon what
Lauderdale had assured him of; and being
bent on his pleasures, lazy in business and
impatient of disturbance, he was the more
inclinable to mild and moderate measures.
Accordingly, this year, after a considerable

; struggle with the prelates and their party,
Lauderdale prevailed, and got an indemnity
for Pentland insurrection, and in a little
time the first indulgence came down.

That the reader may have a further view
of the severities after Pentland altogether,

I shall first give some account of the
methods taken by the army in the west and
south on the back of this insurrection, and
the forfeitures passed under form of law ;
and then essay a more particular narrative
of the procedure against presbyterians this
year, the bond of peace offered them, with

;the indemnity at length granted. These
may be matter for two sections.

SECT. I.

Of the severities of the army after Pentland,
the forfeitures and other hardships upon
such as were concerned in that attempt.

A LITTLE after the victory at Pentland,
general Dalziel, with a considerable number
of his troops, marched westward to improve
his success, in harassing all suspect of favour
ing presbyterians. We have, upon the
former chapter, seen the powers given him
by the council, December 1st. Here opens
a scene of cruelty unheard of before in
Scotland. Sir James Turner lately had
forced Galloway to rise in arms, by his
cruelty the last and former years: but he
was an easy master, compared with the
general, his ruffians, and Sir William Bannan-
tyne this year. The reader cannot form any
notion of their carriage, without some few
instances out of many which might be given.
It was the smallest part of those hardships,
that the soldiers took free quarter through
the west and south, as if they had been in
an enemy s country : though this went very
nigh to destroy the sustenance of that

CHAP. II.]

country. In short, the soldiers do what they

will, without control.

The general takes up his head-quarters for
some time in the town of Kilmarnock.
have a well attested account of many sums
extorted from the inhabitants of that country
town, by me, too large to insert here ; but
only remark from it, that their loss, by quar
tering of soldiers, and other impositions, in
a few months after Pentland, at a very modest
calculation, was upwards of fifty thousand
merks ; a terrible sum for a place of their
poverty at that time. Hither Dalziel calls
in the country-people about, the heritors, and
whomsoever he pleases. Suspicion, without
any probation, is what he goes upon. If he
or his informers were pleased to entertain
any jealousy a man had been in arms, or
harboured any who had been in arms, this
is reason enough to sist him before him ;
and, as it was lately at the commission-court,
few came but were either guilty, or made so,
if they had any money. He not only
examined privately, and endeavoured to
expiscate crimes, and then pronounced sen
tence as he pleased, but threatened, and
cruelly tortured whom he would. Not a
few, yet alive, remember how he thrust so
many into that ugly dungeon in Kilmarnock,
called the thieves hole, upon mere suspicions
of their being accessory to the late rising,
where they could not move themselves night
or day, but were obliged constantly to stand
upright. When in this pinfold, one of them,
and it was God s good providence there
were not many more, fell dangerously sick :
the general would not allow him to come
forth, till two compassionate persons were
bail for him, to return him living or dead.
The poor man died in a little, and the two
sureties were forced to bring the body to the
prison-door, where it lay a considerable time,
till the general, in his great humanity, per
mitted the body to be buried. But some
what worse follows.

David Finlay in Newmills parish, not far
from that town, is by order brought before
him. When examined, he acknowledged he
was accidentally at Lanark, when colonel
Wallace and his army came thither, but had
not joined them. Being interrogate further,
whom he saw there ? he gave little satisfac-

OF THE CHURCH OF SCOTLAND.

63

1667.

tion ; and because he would not, and
indeed, being only transiently there
upon his business, could not give an account
of the rich Whigs there, presently the general
sentences him to die. He was no soldier
under Dalziel s command, no judge had
passed sentence against him, no witnesses
were adduced, no council of war held, and yet
the poor man is summarily ordered to be shot
to death immediately. When he was carried
off from the general, neither the lieutenant
who was to execute the sentence, nor the
man himself, took Dalziel to be in earnest ;
but they found otherwise. The soldiers had
positive orders to execute the sentence :
when they signified so much, the poor man
begged, for the Lord s sake one night s time
to prepare for eternity. The lieutenant was
so affected, that he returned to the general,
and earnestly entreated the poor man might
be spared but till to-morrow. His answer was
like the man who gave it, " That he would
teach him to obey without scruple." So the
man was shot dead, stripped naked, and left
upon the spot. The sergeant who had
brought him from his own house to the
general, being wearied, had gone to his bed,
and slept a little ; when he awoke, and was
acquainted with his sudden despatch, he
sickened, took his bed immediately, and
died in a day or two.

Another instance of their tender mercies,
was towards a poor country woman in the
neighbourhood of Kilmarnock. A garrison
was kept in the house of the dean, nigh by
the town : the soldiers who lodged there,
used frequently so traverse the country, to
see if they could find out any of the Whigs
wandering or hiding. One day a party of
them saw a man at some distance, who, upon
their approach, fled into a country-house
near by, and both doors being open, only
passed through it, and got down into a ditch
full of water on the other side of the house,
and stood up to the neck; there he remained
undiscovered, till he escaped. The party,
when they observed him flee, pursued hard
and came into the poor woman s house, and
searched it narrowly, but miss their prey.
All the poor woman could say, was, That
ndeed a man had run through her house,
and she knew nothing about him : however

Gl

THE HISTORY OF THE SUFFERINGS

,-- because she owned the
1667.

man had

been in her house, and could not
produce him, she is brought prisoner to
Kilmarnock, where she was sentenced to
be let down to a deep pit under the house
of the dean, full of toads and other vile
creatures. Her shrieks thence were heard
at a great distance; but nobody durst
intercede for her, otherwise they would
have been sent to bear her company.
Whether she died there, or what became of
her, I know not.

Instances of such severities might be
multiplied. I add but one further. Sir
Mungo Murray had the command of some
soldiers, and was rummaging up and down for
intelligence, and to seize wanderers. He
gets notice of two countrymen who had
given a night s lodging to two of the Pent-
land men, when coming home. The men
are brought in before him, and, without any
further probation than hearsay, Sir Mungo
orders the two countrymen to be bound
together with cords, and hanged up by their
thumbs to a tree, there to hang all night.
It is odd to think, how cruel men fall upon
such methods to torment their fellow-
creatures, as this and others we shall meet
with. The poor men would in all proba
bility have died before next day, through
pain and torture, had not some of the soldiers
been so merciful as to cut them down to
save their lives, though this was at the
hazard of being dealt with themselves the
same way. These are some part of the
unprecedented methods taken by the army
in the west, and much more was done of
this sort. The vexation, loss, and hardships
the country-people were put to, cannot be
expressed. Meanwhile, the poor Whigs
either got off to wander in a strange land, or
lurked in some retired corners under bor
rowed names, or hid themselves in caves and
coal-pits ; and this was the sorest winter of
persecution Scotland had known of a long
time.

Sir William Bannantyne, much about the
same time, was sent into Galloway with a
considerable party of soldiers under his com
mand. Some of his cruelties have been
noticed, and others of them will come to be
narrated afterwards : I shall only set down

[BOOK IT.

here attested accounts of his carriage in two
or three parishes, upon the back of Pentland.
The reader will find more of this nature in
Naphtali. He was more than once harass
ing this poor country. At his first incoming
after Pentland, he brought four hundred foot,
and a troop of horse to Roger Gordon s of
Holm, in the parish of Dairy, against whom
nothing could be charged ; but wherever they
pleased, they took free quarters. At the
Holm, he and his horsemen ate up sixteen
bolls of corn, killed and ate vast numbers of
sheep, and consumed abundance of meal and
other things, besides what they took away
from him and his neighbours. From thence
they went to the house of Earlston. Some
of the sufferings of the family of Earlston
have been pointed at, and now the house is
made a garrison. From this parties were
sent out through that parish, and these
about, and exercised inexpressible cruelties
upon any they were pleased to allege had
been at Pentland, or conversed with such.
One David M Gill, in that parish, whom they
came to apprehend, escaped happily from
them in women s clothes ; but dreadful was
the way taken with his poor wife, whom they
alleged accessory to her husband s escape.
They seized her, and bound her, and put
lighted matches betwixt her fingers for
several hours : the torture and pain made
her almost distracted ; she lost one of her
hands, and in a few days she died. They
pillaged the country round about, as they
pleased. Some they brought to their gar
rison, though under heavy sickness, stripped
them naked almost by the way, bound them,
and cast them into nasty places, without the
least accommodation ; and it was a great
favour to let them out when at the point of
death.

Many were the fines the soldiers uplifted :
from one countryman in Dairy parish a
thousand merks were exacted ; another poor
man was fined in three hundred and twenty
merks, a part of it was paid, and his bond
taken for the rest, and that was afterward
exacted in the year 1684. Another country
man in the same parish had a hundred and
fifty pounds imposed upon him, and another
four hundred merks. These fines were per
fectly arbitrary, founded upon alleged suspi

CHAP. II.]

cions that the poor people had been con
cerned in the rising, and so were laid on just
as the soldiers pleased, and as the man was
able to pay. In the parish of Carsphairn,
Gilbert Monry in Marbrack, without any
alleged fault, had fifty merks imposed upon
him. When he asked Sir William Bannan-

1667.

OF THE CHURCH OF SCOTLAND. 65

prevent him, and fell in grips with
Sir William, and being too strong
for him, Bannantyne called in the soldiers
who were at the door : they took the gentle
man, and bound him with his head betwixt
his knees, and his hands behind his back,
with a tether, and kept him lying on the

tyne for what he was fined, the other
answered, because you have gear, and I
must have a part of it. Great numbers of
sheep and nolt were taken in that parish,
and gentlemen as well as others were ruined.
Alexander Gordon of Knockbreck, for his

ground in that pickle all that Saturday s night,
and part of the Sabbath, till his friends came
and gave bond for him. This gentleman was
no Whig, but had been with the king s
forces at Pentland. Bannantyne and his
party drank in the house, most of the Lord s

sons being at Pentland, suffered a great deal, | day; and when they could drink no more,
and his family after him, as in part we have let what remained run upon the ground, and
seen. John Gordon in Carnevel* had his rifled the house of all in it. In short, it was
whole estate, being sixteen thousand merks, i known, that Bannantyne, in this country,
taken from him ; another lost his lands worth never refused to let his men rob and plunder
about six hundred merks a year. Seven wherever they pleased. His oppressions,
hundred merks were taken by the soldiers murders, robberies, rapes, adulteries, &c.
from three countrymen near Loch Doon. | were so many and atrocious, that the

In the parish of Balmagie, Sir William | managers themselves were ashamed of them :
came into a public-house, and after calling ! and we shall afterwards hear that he was
for some ale, he offered wickedness, and called to some account for them, and forced

attempted it on the mistress of the house.
Her husband being present resisted him ;
whereupon Sir William struck him down
dead on the spot ; and some life remaining,
when about to kill him outright, a gentleman
in the parish being present, endeavoured to

* Mr. \Vcdro\v, in additions and amendments
printed in the 2d Vol. of his History, besides
correcting this name from Robert to John, adds,
" He was elder brother to the present Robert
Gordon of Garvery, who, after his brother s
decease, succeeded to him. I had lately sent
me an attested account of this worthy gentle
man s sufferings, too large to be insert here.
They began after Bothwell, where Mr, Gordon
was : his house at Carnavel, lying on the high
road betwixt Ayr and Galloway, was often
spoiled by the soldiers in their marches, and the
gentleman was forced for a long time to forsake
his own house and wander in the mountains,
and in his absence great ravages were com
mitted. Three troops were quartered upon his
family, who cut down a large bank of young
trees, destroyed his corn and meadows, killed
great numbers of his sheep, and took away what
they pleased from him and his tenants. At the
same time, four companies of foot, quartered in
the church-yard of Carsfairn, not far from his
house, and they brought in multitudes of his
sheep, killed and ate them. In short, Garvery
was forced to retire to London, and, after he
had ventured home, 1683, he underwent great

hardships, and was
liberty 1687." Ed.

obliged to hide till the

II.

to flee the nation ; and when at London,
made an attempt upon Lauderdale, which
obliged him to go abroad, where he died in
misery. Those hardships from the army
continued upon the west and south country,
till, towards the beginning of June, a
squadron of Dutch ships came up the Firth
of Forth, to make reprisals for the hurt done
to their trade by our privateers. They shot
some guns at Leith, and fired some hours
upon Burntisland, without doing any great
damage. The army was then ordered to the
east country to guard the coasts.

A great many other hardships were put
upon good people after Pentland, by others
as well as the army. Many were imprisoned
upon mere suspicion, and without any ground
put to a vast deal of trouble. James
Grierson of Dalgoner was imprisoned in the
tolbooth of Ayr ; he was perfectly innocent
as to the rising in arms, and earnestly craved
a trial, but was not allowed it : at length,
upon giving caution for compearance, under
a vast sum, he is let out. John Hamilton
of Auldstane or Austane, was in January
apprehended by the council s order, upon a
suspicion that major Learmont, his son-in-
law, had been in his house after Pentland.
i

66 THE HISTORY OF

Nothing could be proven, and with
difficulty he got out, upon giving
bond to compear when called, under penalty
of ten thousand merks. At the same time
I find the council liberates one Carmichael,
alleged to have been at Pentland, upon his
signing an obligation to serve at sea in a
frigate. But I come to end this section,
with some account of the procedure of the
government, in forfeiting such who were not
catched at Pentland, and others who had
not been there, in August this year ; and
some hints at the sufferings of others upon
the account of that rising, of which I have
no particular dates, but they come in natively
enough here.

Upon the 15th of August, the earl of
Athole justice-general, and Sir John Hume
of Renton justice-clerk, with the two
assessors appointed by the council, the earls
of Linlithgow and Dumfries, hold a justice-
court at Edinburgh. Their main design
was against the lairds of Caldwell and
Kersland, whose estates were to be given
the general and lieutenant-general, for their
good services.

Sir John Kisbet the king s advocate
produceth a commission signed by the com
missioner Rothes, to pursue criminally before
the justice-court, and for forfeiting these
following persons in their lives and fortunes,
as being in the late rebellion in the west,
viz. " colonel James Wallace, major Joseph
Learmont, William Maxwel of Monrief
younger, John M Clellan of Barscob, John
Gordon of Knockbreck, Robert M Clellan
of Barmageichan, James Cannon of Burn-
shalloch younger, Robert Cannon of Mont-

drogat younger, John Welsh of Star,

Welsh of Cornley, Gordon of Garrary

in Kells, Robert Chalmers brother to Gad-
girth, Henry Grier in Balmaclellan, David
Scot in Irongray, John Gordon in Middleton
of Dairy, William Gordon there, John
If Nwight there, Robert and Gilbert Cannons
there, Andrew Dempster of Carradow, James
Grierson of Dargoner (who was delayed),

James Kirk of Sundaywell, Ramsay in

Mains of Arnistoun, John Hutchison in

Newbottle, Row, chaplain to Scots-

tarbet, Patrick Listoun in Calder, Patrick
Listoun his son, James Wilkie in Mains of

THE SUFFERINGS BOOK II.

Cliftounhall, William Muir of Caldwell, the
good-man of Caldwell, Mr. John Cuningham
of Bedland, William Porterfield of Quarrel-
toun, Alexander Porterfield his brother,
Robert Ker of Kersland, William Lockhart
of Wicketshaw, David Pe in Pokellie, Mr.
Gabriel Semple, Mr. John Semple, Mr. John
Guthrie, Mr. John Welsh, Mr. Samuel
Arnot, Mr. James Smith, Mr. Alexander

Pedin, Mr. Orr, Mr. William Veitch,

Mr. Paton, Mr. John Crookshanks, Mr.

Gabriel Maxwel, Mr. John Carstairs, Mr.
James Mitchel, and Mr. William Forsyth."
What hath been remarked upon the
proclamation, December 4th, above narrated
discharging reset and converse with those
above named, needs not be repeated here.
Some here insert, as Mr. Crookshanks,
were dead, and some others named had no
being : and we shall afterward hear, that
the council correct the names of some of
them, in the indemnity which comes down
this year. Upon dittay given in against
these persons by the advocate, which I
have insert below,* the court decerns them

* Indictment against colonel Wallace, r. 1667.
Curia justicinria, S. D. N. regis, tenta in pns-
torio burgi de Edinburgh, decimo quinto die
mensis Augusti, 1667, per nobilem et potentem
comitem Joannem, comitem de Athole, justi-
ciarium generalem dicti supremi nostri regis,
et dominum Joannem Humede Rentoun, ini-
litem, clericum justiciarium dicti S. D. N.
regis.

Curia legittime affirmata.
Assessors to the justices :
Alexander earl of Linlithgow,
William earl of Dumfries.
My lord advocate produced an act of his
j majesty s privy council whereof the tenor is
I insert above.

The which day, colonel James Wallace, major

Joseph Learmont, Maxwell of Mborief

younger, Maclellan of Barscob, Mac-

lellan of Balmagachan, Cannon younger of

Barnshalloch, Cannon younger of Barley,

Cannon younger of Mondrogget, Welsh

of Skar, Welsh of Cornley, Gnrduu of

Garery in Kells, Robert Chalmers brother to
Gadgirth, Henry Grier in Balmaclellan, David
Scot in Irongray, John Gordon in Midton of
Dairy, William Gordon there, William Mac-
naught there, Robert and Gilbert Cannons there,

Gordon elder of Bar of Kilpatriok-durham

Patrick Macnaught in Cumnock, John Mac-
naught his son, Gordon younger of Holm,

Dempster of Carridow, of Dar
goner, - of Sundiwall, Ramsay in

the Mains of Arnistori, John Hutchison in

Newbottle, Row Chaplain to Scotstarbet,

Patrick Liston elder portioner of Langton,
William Liston his son in Crofthcad, Patrick

CHAP. II.]

to be denounced rebels, and their lands to
fall to his majesty s use, as outlaws and
fugitives from his majesty s laws, upon their
noncompearance. It seems a simple for-

Liston younger in Over-liston, Wilkie in
the Mains of Cliftonhall, William Muir of
Caldwell. John Caldwell of Cold well, Robert
Ker of Kersland, Mr. John Cunningham of
ISedland, William Porterfield of Quarrelton,
Alexamler Portertield his brother, William
Lockhart of Wicketshaw, John Hutchison of
Harelavv, Bell of Middlehouse, William
Denholtn of Wasteshields (his name is not in my
lord advocate s Warrant, to be insisted against,
and was past from judicially, and therefore is
delete") David Poe in -Pokelly, Mr. Gabriel
Semple, John Sample, Mr. John Guthrie, Mr.
John Welsh, Mr. Samuel Arnot, Mr. James

Smith, Mr. Alexander Pedin, Mr. Orr,

Mr. William Veitch, Mr. Paton, Mr. John

Cruikshanks, Mr. Gabriel Maxwell, Mr. John
Carstairs, Mr. James Mitchell, Mr. William
Forsyth, being oftentimes called to compear
before his majesty s justice-general, justice-clerk,
or justice-deputes, to have underlien his ma
jesty s laws for the crimes following, mentioned
in the dittay : that where, notwithstanding by
the common laws, and the law of nations, and
the laws and practice of this kingdom, and
many clear and express acts of parliament, the
rising of his majesty s subjects, or any number of
them, and their joining and assembling together
in arms, without his majesty s command, war
rant, or authority, and when the same is not only
without, but against and in opposition to his
majesty, and his authority and laws, are most
horrid and heinous crimes of rebellion, treason,
and lese-majesty in the highest degree ; and all
persons committing or guilty of the crimes, or
any ways accessory thereto, or who do abet,
assist, reset, or intercommune with, or keep
correspondence with such rebels, or otherwise
do supply them in any manner of way ; and
being required by proclamation or otherwise, do
not rise with, and assist his majesty s lieutenant,
and others having power and authority for
repressing the said rebels, ought to be proceeded
against, and severely punished as traitors, con
form to the laws and acts of parliament of this
kingdom : and in special it is statute and ordain
ed by the 3d act of king James I. his first parlia
ment, " That no man openly or notourly rebel
against the king, under pain of life, lands, and

oods." And by the 27th act of the said king
ames I. his second parliament, it is statute,
" That no man shall wilfully resist, maintain,
and do favour to open and manifest rebels against
his majesty and the common laws, under the
pain of forfeiture." And by the 14th act of king
James II. his sixteenth parliament, entituled,
" sundry points of treason," it is statute, " That
if any man do, or commit treason against the
king s person or his majesty, or rises in fier of
war against him, or resets any that has com-
iijitted treason, or supplies them in help, ease,
or counsel, they shall be punished as traitors."
And by the 141- act of king James VI. parl. 12.
it is statute, " That where any declared traitor
repairs in any part of this realm, none of his
majesty s subjects shall presume to reset, supply
or intercommune with them, or give them any

OF THE CHURCH OF SCOTLAND.

67

feiture was not reckoned a good
enough claim for the estates now to
be disposed of, and therefore the advocate
urged to have a sentence of death passed

relief or comfort ; and that immediately upon
their repairing in the bounds, all his majesty s
good subjects do their exact diligence in appre
hending the said traitors and rebels ; and that
with all speed they certify his majesty, or some
of his sacred council, or some persons of authority
and credit within the shire, that such rebels are
within the same, under the pain that the said
rebels and traitors ought to sustain, if they were
apprehended, and convicted by justice." Likeas,
by the 5th act of his majesty s late parliament,
and first session thereof, it is declared, " That it
shall be high treason to the subjects of this king
dom, or any number of them, more or less, upon
any ground of pretext whatsomever, to rise and
continue in arms, to make peace or war, to make
treaties or leagues with any foreign princes or
estates, or amongst themselves, without his
majesty s special authority and approbation first
interponed thereto ; and all other subjects are
discharged, upon any pretext whatsomever, to
attempt any of those things under the said pain
of treason." And by the 7th act of the foresaid
parliament, and first session thereof, all his
majesty s subjects are inhibited and discharged,
that none of them presume, upon any pretext or
authority whatsomever, to require the renewing
or swearing of the league and covenant, or any
other covenant or public oaths, concerning the
government of the church and kingdom, without
his majesty s special warrant and approbation ;
and that none of his majesty s subjects offer to
renew or swear the same, without his majesty s
warrant, as they will be answerable at their
highest perils. Nevertheless, the foresaid persons
and their associates, shaking off all fear of God,
and conscience of duty and loyalty to his majesty,
their native sovereign prince, and natural tender
ness to their country, have most perfidiously
and treasonably contravened the said laws and
acts of parliament, and committed the crimes
foresaid in manner above specified, in so far as
this his majesty s ancient kingdom, having for
many years suffered and incurred all the calam
ities and miseries, and tragical effects and conse
quents of a civil war and foreign usurpation,
and now, after his majesty s happy restitution,
beginning to recover of so long and wasting
a consumption, through the blessing of God,
and his majesty s incomparable goodness and
clemency, and having, by an act of oblivion,
secured the lives and fortunes of the said persons,
and others who were conscious to themselves,
and might have justly feared to be under the
lash and compass of law and justice ; and when
his majesty and his good people, had just reason
to expect security and quiet at home, and assist
ance against his enemies abroad, yet they, and a
party of seditious persons, retaining and persist-
ing in their inveterate disloyalty and disaffection
to his majesty s government and laws, did take
advantage and opportunity of the time, when he
was engaged in a chargeable and bloody war,
with divers of his neighbour princes and estates,
being jealous of, and envying his majesty s great
ness and prosperity, and the happiness of these
kingdoms utider his government, and having

GS

THE HISTORY OF THE SUFFERINGS

[BOOK II.

upon as many of them as he saw
fit to insist against. The diffi
culty was obvious which lay against this
illegal proposal ; the persons were absent,

contrived and projected a most horrid insurrec
tion and rebellion, tending to involve his majesty s
Vmgdoms in hlood and confusion, and to en
courage and strengthen his enemies, did rise,
convene, and assemble themselves together in

arms, and upon the day of November last,

did march to, and enter within his majesty s
town of Dumfries in a hostile manner, with
their drawn swords and other arms, and did
beset the house where Sir James Turner and
other of the officers of his majesty s forces were
lodged for the time, and did violently seize upon
the said Sir James his person and goods within
his lodging, and did detain and carry him
about with them captive, as a lawful prisoner
taken from an enemy, and did search for, and
would have taken the minister of the said town,
if he had not escaped ; and while the foresaid
persons were in the said town, they, their ac
complices, and associates, did many other acts
of insolence and rebellion ; and haviny.in manner
foresaid, openly avowed and proclaimed their
rebellion in so public and insolent a way, to the
great contempt and affront of authority, they
and their complices, in pursuance of the same,
did convocate his majesty s people and subjects,
and endeavoured to stir them up, and persuade
them to join in the foresaid rebellion, and seize
upon the persons, horses, and arms, and plunder
and rifle the goods and houses of divers his
majesty s good subjects, and in special of faithful
and loyal ministers; and, by seditious sermons,
insinuations, and other practices, did so far
prevail in the stewartry of Kirkcudbright,
and the shire of \Vigton, and the shires of Ayr,
Lanark, and other western shires, that many
persons flocking and resorting to them and
their complices, they had the boldness and
confidence to send a considerable party to his
majesty s town of Ayr, and seize upon and
take all the arms were there ; and not con
tent to proceed to the height of rebellion in
manner foresaid, they and their complices, did
presume to regulate their monstrous and irre
gular rebellion, and in the formality and frame,
and under the name and notion, to form and
model themselves in companies and regiments,
and to name captains of foot, commanders of
troops, and other officers, under the command
of the said colonel James Wallace, Joseph Lear-
mont, and other persons of known disaffection
to his majesty and his government ; and though
his majesty s lieutenant-general did march speed
ily for repressing the said rebellion and insur
rection, and his majesty s council did emit and
issue a proclamation, declaring the said insur
rection to be a manifest and horrid rebellion,
and high treason, and commanding the said
rebels to desist, and lay down arms ; with certi
fication if they would continue in their rebellion,
they should be proceeded against as desperate
and incorrigible traitors; and discharging all
his majesty s subjects to join, reset, supply, or
intercommune with them, and commanding
them to rise and join with his majesty s lieu
tenant general, and the forces under him, under
the pain of treason ; yet the foresaid persons arid

and it had not been a practick to put an
indictment to the knowledge of an assize,
and examine witnesses in absence of parties.
To obviate this, the advocate, having hefore-

their accomplices, did obstinately continue and
march through the country, in their modelled
army, as if they had boen an enemy, and in
a capacity to encounter and dispute with arms
with his majesty, their sovereign lord, and his
forces ; and didj in a warlike and hostile manner
and posture, enter within his majesty s town of
Lanark, and there, upon the 2bth day of Novem
ber, to palliate their rebellion with the colour of
religion, did renew and take the oath of the
covenant,, and thence did march, quartering all
alongst upon, and oppressing his majesty s good
subjects, until they had the boldness and confi
dence to approach within two miles of hia
majesty s city of Edinburgh, where his judica*
tories and lords of privy council and session
were sitting for the time, and having quartered
all night within the parish of Collington, at so
near a distance from the said city, the said
persons and their accomplices, upon Wednesday
the 28th day of November, did dare and presume
to encounter and fight with his majesty s armies
and forces, under the command and conduct of
his majesty s lieutenant-general, and other offi
cers, at Pentland-hills, and did wound and kill in
the said fight or conflict, divers of his majesty s
good subjects, and endeavoured and did all they
could to destroy his majesty s army, until, by
the mercy of God, and conduct and valour of
his majesty s lieutenant, and other officers and
soldiers under him, they were vanquished, routed,
and dissipated. Likeas, notwithstanding the
laws, acts of parliament, and proclamation fore-
said, and that thereafter a proclamation was
emitted upon the 4th day of December, whereby
his majesty, with advice of his privy council,
did again discharge and inhibit all his subjects,
that none of them should offer or presume to
harbour, reset, supply, correspond with, or
conceal the persons therein mentioned, or any
other who concurred or joined in the said last
rebellion, or, upon account thereof, appeared in
arms in any part of this his majesty s kingdom,
but to pursue them as the worst of traitors, and
present such of them as they shall have in their
power, to the lords of privy council, sheriff of
the shire, or magistrates of the next adjacent
burgh royal, to be by them forthcoming by law;
certifying all such as should be found to fail in
their duty therein, they should be esteemed and
punished as favourers of the said rebellion, and
as persons accessory and guilty of the same.
Nevertheless divers of the foresaid persons, did
not only disloyally fail in their duty, and did
not rise and join with his majesty s lieutenant-
general, and officers under him, for repressing
and subduing the said rebels, but most perfidi
ously and treasonably did their utmost endea
vours to advance, strengthen, and promote the
said rebellion ; and, in order thereto, in the
months of one thousand

ix hundred and sixty-six, and several days
thereof, or one or other of the said months
or days, they met and convened at the Bank-
end, Caldwell, Knockenmade, Chitterfleet, the
Mearns, and divers other places within the
western shires, and sheritfdoms of

CHAP. IT.]
hand practised upon the lords of session,
and obtained their judgment in this case,
produceth in court a query to the lords of
council and session, with their answer,
which I shall here insert, as a document of
the equity of those times.

Query " Whether or not a person

guilty of high treason, may be pursued before
the justices, albeit they be absent and
contumacious; so that the justices, upon
citation, and sufficient probation and evi
dence, may pronounce sentence and doom
of forfeiture, if the dittay be proven ? The
reason of the scruple is, that processes of
forfeiture are not so frequent, and that in
other ordinary crimes, the defenders, if they
do not appear, are declared fugitives, and
that the following reasons appear strong
and relevant for the affirmative. Imo,
By common law, albeit a person absent
cannot be condemned for a crime, yet in
treason, which is crimen exemptum, this is a
speciality, that absents may be proceeded
against and sentenced. 2do, By act 1.
Jam. V. parl. 6. it is declared that the king
has good cause and action, to pursue all
summons of treason, committed against his
person and commonwealth, conform to the
common law, and good equity and reason,
notwithstanding there be no special law,
act, or provision made thereupon; and
therefore, seeing by the common law, per
sons guilty of lese-majesty may be proceeded

and did conclude and resolve to join
with the said rebellious party ; and being armed
with swords, pistols, and otherwise, they joined
themselves in troops and companies, and did
elect and choose captains, lieutenants, and other
officers, and did accept the said charges and
employments, and did accordingly ride and
march from place to place, and did write letters
to friends and neighbours to join with them,
and did intercept letters, that thereby they might
have notice and intelligence where his majesty s
armies and forces were, and of their forces,
motions, and designs ; and, to the same purpose,
did go and send out others for intelligence, and
divers other acts of treason and hostility, and in
the months foresaid, as also, after the defeat of
the said rebellious party, in the ensuing months,
betwixt the said defeat and the date of the said
proclamation, and one or other of the said
months, and several days thereof, the foresaid
persons, within the said western shires and
tiherirt doms of within

their own bounds, and their own tenants houses,
and other places, did harbour, conceal, reset,

OF THE CHURCH OF SCOTLAND.

1667.

against and sentenced, though they
be absent, it appears that there is the
same reason, that the justices should proceed
against, and sentence persons guilty of trea
son though absent, and that they are
sufficiently warranted by the said act to do
so. 3tio, It is inconsistent with law, reason,
and equity, that a person guilty of treason
should be in a better case, and his majesty
in a worse, by the contumacy of a traitor,
the same being an addition, if any can be, to
so high a crime ; and that he should have
impunity, and his majesty prejudged of the
casualty and benefit arising to him by his
forfeiture. 4to, The parliament is in use to
proceed and pronounce forfeiture, though
the party be absent ; and in so doing, thev
do not proceed by a legislative way, but as
the supreme judges : and the parliament
being the fountain of justice, what is just
before them, is just and warrantable before
other judicatories in the like cases. 5to, By
the above-mentioned act of parliament, it is
statuted, that summons and processes of
treason, may be intented and pursued, after
the decease of the delinquent, against his
memory and estate, for deleting the one and
forfeiting the other, whereupon sentence
may follow to the effect foresaid. And
therefore, seeing sentence may follow, where
the delinquent cannot be present, and is not
in being, it were against all reason, that
where they are wilfully and contumaciously

supply, correspond, and intercommune "with the
persons particularly abovenamed, contained in
the said proclamation, the said 4th of December,
one thousand six hundred and sixty-six years,
arid others who concurred and joined in the
said late rebellion, and who upon that account
appeared in arms. In doing of which, and one
or other of the said deeds, the foresaid persons,
and ilk one of them, have committed and incur
red the pains and crimes of treason, and are
guilty of being authors, actors, accessory, art
and part thereof; which being found by an
assize, they ought to be punished in their persons
and goods, to the terror and example of others;
as they who, upon the 29th of May, 26th, 27th,
and 28th days of June, 1st, 2d, and 3d days
of July, respective, last bypast, were lawfully
charged by John Telfer herald, Alexander Mur
ray, and James Alison pursuivants, to have
found caution acted in the books of adjournal
for that effect, lawful time of day being bidden,
and the forenamed persons not entering nor
compearing to the effect above- written.

70

THE HISTORY OF THE SUFFERINGS

[BOOK

1667.

absent, they should not be proceeded
against, and sentenced if they be
guilty: and it were most unjust, that his
majesty should be forced to call a parliament
<br punishing and forfeiting of persons being
absent ; or that he should wait until they
die, especially seeing in the interim the
probation may perish by the death of the
witnesses."

, This is the utmost so good a lawyer could
go, in reasoning for this stretch against
these worthy gentlemen. I shall not pretend
to answer the reasons brought from an old
and antiquated law in times of popery, nor
from the king s interest, which seems fully
to be answered by the simple forfeiture, nor
consider the reasoning from parliamentary
power to that of inferior judges : I am well
assured that any lawyer could very easily
expose the weakness of such arguing ; only
it may be remarked, that as soon as a parlia
ment sat, it was found needful to approve
ex post facto this reasoning, and the follow
ing answer.

Opinion of the Lords of Session.
" The lords of council and session having
considered the query presented to them by
the lord Bellenden, his majesty s treasurer-
depute, it is their opinion, that upon the
justices citation, and sufficient probation
taken before the judges and t assize, they
may proceed, and pronounce sentence there-
intil, and forfeiture against the persons guilty
of high treason, though they be absent and
contumacious. Jo. GILMOR, I. P. D."

Matters being thus prepared to the lords
hands, they declare their own power, and
go on to their work, find the dittay relevant,
and refer it to an assize. That day the
advocate insisted against colonel Wallace,
major Learmont, Barscob, Mr. John Welsh ,
Mr. James Smith, Patrick Liston, his son,
and Quarrelton. Their process I have
insert below.* They had some difficulty to

* Process against Colonel Wallace, 1667.
My lord advocate produced a warrant and
order direct to him by his majesty s commis
sioner. The justices and, that, conform to my
lord advocate s desire, the forenamed persons
may be both declared fugitives, for their contu
macy and not appearing, and also insisted against

get an assize, but at length made a shift;
and it is made up of officers in the army^
the general s servants, and some papists.
Sentence was pronounced the same day,

for their forfeiture. The criminal letters being
read, my lord advocate produced particular
dittays against certain persons. The justices
find the dittays relevant, ttnd ordain the same to
be put to the knowledge of an assize. My lord
advocate declared he insisted jtrimo loco against
the persons following, viz. colonel Wallace,
major Joseph Learmont, John M Clellan of
Barscob, Mr. John Welsh, Mr. James Smith,
Patrick Liston in Calder, William Liston his
son, William Porterfield of Quarrelton. The
justices continue the trial of James Cannon of
Barley, and James Grierson of Dargoner, until
the first Tuesday of November, being the fifth
day thereof; as also continued the trial of the
forenamed persons to the 15th day of November
next to come, except these already guilty this
day, and to be tried to-morrow.

ASSISA.

James Somerwell of Drum,

William Rig of Carberry,

Sir Robert Dalziel of

Walter Kennoway secretary to the general,

John Ruthven tutor of Garden,

William Melvile of Dysart,

Colonel James Hay,

Sir John Falconer knight,

James Lockhart of Cleghorn,

James Hepburn of Bearford,

James Weems of Pitcanny,

George Elphinston of Selmes,

Major George Grant,

James Johnston of Sheens,

Sir William Bellenden knight,
The assize sworn, no objection in the contrary.
Sir James, Turner, aged fifty years or thereby,
sworn, depones, That he saw colonel Wallace,
Learmont, Barscob, Smith and Welsh, at Dum
fries, Ayr, Lanark, Collington, Pentland, or at
some of the said places : depones, That \Vallace
and Barscob acted as commanders of the rebel
lious party : depones, That they had all pistols
and swords, both the three commanders, and
Smith and Welsh ministers; that they were all
at Pentland in arms in the rebels army.

JA. TURNER.

David Scot in Bridge-end of Cornwall, aged
forty years or thereby, married, sworn, depones,
That he saw the foresaid persons at Ayr, Lan
ark, and other places, with the rebels ; that
Wallace and Learmont commanded in chief;
that he saw Barscob there, and that the third in
the army : depones, That he went with the
rebels, and that all the foresaid commanders and
ministers were in arms, with horses, swords,
and some of them with pistols. DA. SCOT.

Daniel Mitchel in Cumnock, aged forty years
or thereby, married, sworn, depones, That he
saw Wallace, Learmont, Barscob, Welsh, and
Smith with the rebels, all alongst until the con
flict at Pentland: depones, That he knows that
Wallace, Learmont, and Barscob had command
in that army ; that they all had horses and arms ;
that he saw" them march towards the day of the
fight.

William Lawrie of Black\vood, aged years
or thereby, married, depones, That he saw-
Wallace and Learmont with the rebels at Bath-

CHAP. II.]
and all the

OF THE CHURCH OF SCOTLAND.

abovenamed were forfeited

in life and fortune. It may be remarked,
that Sir James Turner was the first wit
ness who swore in this process, though it

gate ; that Wallace sent a letter with the deponer
to the general of the king s forces ; that Wallace
commanded the rebellious party ; that at Col-
lington he asked who was Mr. John Welsh at a
person, and he was shown to him by that person ;
that he knew not Wallace of before, but he
himself and that party called him so, and that
they said he commanded ; that Wallace sent a
letter signed with his hand in manner foresaid.
WILL. LAWRIE.

Patrick Bisset, bailie of Lanark, aged years
or thereby, sworn, depons, That James Wallace,
Joseph Learmont, were with the rebels, and in
the deponent s house, but knows none of the
rest; that Wallace and Learmont commanded
in chief, and they had swords, pistols, and horses.
PAT. BISSET.

David Fanny in aged thirty years, mar

ried, sworn, depones, That he saw Patrick
Liston elder, and William Liston his son, with
the rebels in arms, at the deponent s own house,
in the parish of llatho, the day before the con
flict at Pentland : depones, he saw them march
away with the rebels ; that Patrick Liston did
draw sheaves out of the deponent s yard ; that
Patrick Liston had a sword, two pistols, and a
dirk.

Hugh Finny in Plate, aged thirty-six years or
thereby, married, sworn, depones, That Patrick
Liston was with the rebels at the Plate, in the
parish of Ratho ; that the deponer saw Patrick
Liston in arms with a sword and dirk; that he
came there with the rebels, and went away with
them, and that he knew the said Patrick Liston
elder to be one of the rebels number ; that he
went away with them the day before the fight.

Archibald Hodge in Orton, in Ratho parish,
aged thirty-six years, sworn, depones, That
Patrick Liston and his son William were riding
with the rebels, that he saw them at the east
end of Ratho kirk, that day they came to Col-
liitgton ; that the said Patrick had a sword and
two pistols; that William had a sword; that
both of them went with the rebels.

William Gillespieat Newbridge, in Kirkliston
parish, aged fifty years, married, sworn, depones,
That he saw Patrick Liston elder, and William
Liston his son, in company with the rebels, with
swords and pistols.

James Cochran in Knockenmade, aged fifty
years, or thereby, married, sworn, depones,
ThaL upon Saturday before the defeat of the
rebels, Bedland, Mr. Gabriel Maxwell, Kers-
land, and another minister, came to the deponer s
house about midnight, and stayed a long time :
depones. That immediately thereafter he heard
Caldwell give order to his tenants, to meet at
Chitterrteet with their arms and hest horse;
this was at the deponer s house. That the
Sunday in the morning, depones, That these
persons, and besides them, Quarrelton, Black-
ston, and Quarrelton s brother, the good-man of
Caldwell younger, Mr. John Carstairs, and
others, did meet on that Sunday at the Chitter-
fleet ; that the deponer, being one of Caldwell s
tenants, was there : depones, That while they
were at Quarrelton, he heard that the earl of

71

is plain he could not well purge i fifi7
himself of malice ; yea, the privy
council itself, corrupt as it was, found
him guilty, and condemned him afterwards,

Eglinton s man was taken, and his letters taken
from him, but saw him not. Depones, That
they did march from Chitterfleet to Langton in
the night, and from Langton to Kilbride, Wil
liam Porterfield being one of them ; that they
were thirty-nine horsemen in number, armed
with swords, and some had pistols : depones,
they marched from Kilbride to the House of the
Muir in troop and order, Caldwell and Mr.
Gabriel Maxwell on their head, and Blackston
in the rear : depones, he heard Mr. Gabriel
Maxwell say to Blackston, Go to your place in
the rear, and Blackston did so. Depones, That
seeing some couMtry people, imagined them to
be the general s army ; and that Caldwell and
the other gentlemen did retire and put them
selves in order, but it was found to be country
people driving their horse : that when the gentle
men first saw them, they imagining them to be
of the general s army, that they retired to a moss.
Depones, That he heard Caldwell and that party
speaking amongst themselves, that they would
go to the southland army ; and that he heard
Caldwell and Mr. Gabriel Maxwell say this,
that if Porterfield of Qtiarrelton were at them,
that they would keep a private council. Depones,
That the country people on the Monday at
night, fearing that they would join with the
rebels, desired to go home, and that Mr. Gabriel
Maxwell threatened them, and said, If they
would go, they might meet with a miresnype.

John Stevenson in llamshead, aged fifty years,
or thereby, sworn, depones, That Cald well s
officer warned him and the rest of the tenants,
to meet their master at Chitterfleet, and that
Caldwell gave him a sword. Depones, That he
saw William Porterfield of Quarrekon, and the
rest of the gentlemen at Chittertieet. Depones,
That the earl of Eglinton s man was taken
before he came, that he saw the footman there,
that he heard his letters were broken up, and
that they kept him prisoner till night. Depones,
to the number and names of the other persons,
to their journey and travelling, confurmis pracce-
denti, that Blackston was with them. Depones,
they formed themselves in troops., that Mr.
Gabriel Maxwell desired them to ride in order,
and there the deponer heard Mr. Gabriel Max
well desire Blackston to go to his place in the
rear, and accordingly he did go : that the gen
tlemen seeing the country people, imagining
them to be the general s men, feared and retired
out of the way. Depones, that the gentlemen
told that they were to go by Douglas and that
way ; the deponerand the rest hearing that, sus
pected, and would not go with them; that Mr.
Gabriel threatened them, and said they might
meet with a miresnype, if they would go away;
that William Porterh eld of Quarreltoii was all
alongst with them.

John Neilson in Ramshead, aged thirty-six
years, or thereby, married, sworn, depones,
That he knows nothing of their riding in order,
nor Blackston s riding in the rear, that he saw
none of the country people, that Caldwell and
the rest of the gentlemen never told them
whether they were to go to the southland party ;

72

THE HISTORY OF THE SUFFERINGS

for oppressing them, as we shall
hear.

Next day, August IGth, the chief part of
the process comes on; and the advocate

[BOOK II.

declares, that he insists against William
Muir of Caldwell, John Caldwell of Cald-
well younger, Robert Ker of Kersland, Mr.
John Cuningham of Bedland, Alexander

as to their being at Chitterfleet, the rest of their
journey and number, depones conformis prece
dent!, and to the threatening of Mr. Gabriel
Maxwell, and depones that Quarrelton went all
alongst with them.

John Anderson in Caldwell, aged twenty-
four years, or thereby, not married, sworn,
depones, That the laird s officer warned them to
go alongst with him, and that he did go; knows
nothing of the earl of Eglinton s servant ; as to
their journey, number and marching, depones
conformis prcccedenti. Depones, that once they
were in order of a troop, That Mr. Gabriel
Maxwell rode on the head, and Blackston on
the rear, that he saw William Povterfield of
Quarrel ton go alongst. Depones as to the
country people conform to James Cochran.
Depones, That on Monday the deponer sus
pected they were to go to the southland army,
that he heard some such surmise of that kind.
Depones, That he heard that Eglinton s man
was taken, and his letters broken up, that as
soon as the deponer heard that they were going
to the southland party, he thought it was a
wrong way, and would not go with them, that
Caldwell his master desired him to stay.

John Caldwell in Lochend, aged thirty years,
or thereby, married, sworn, depones, That the
laird s officer warned him to meet him at Chitter
fleet. Depones, That Bedland, the good-man of
Caldwell, Mr. Gabriel Maxwell, Mr. John
Carstairs, and divers others, that they were
betwixt thirty and forty in number, knows
nothing of the earl of Eglinton s servant, but
heard of it: as to their marching, depones con
formis prcecedenti, and that sometimes Caldwell
and Mr. Gabriel Maxwell did put them in
order ; that he saw Blackston go to the rear and
ride, that he saw the country people and the
gentlemen were feared, conform to the foresaid
depositions. Depones, he heard among the
gentlemen, that they were to go to the southland
party, whereof he and the rest of the commons
hearing, they would not go any further; that
Caldwell commanded his tenants to stay, but
they would not ; that Mr. Gabriel Maxwell
threatened in manner foresaid.

William Caldwell in Whitehouse, aged
vears, or thereby, not married, sworn, depones,
That he was warned by the officer, conform as
is before deponed. Depones, he saw at Chitter
fleet the laird of Caldwell, the good-man of
Caldwell, Kersland, Blackston, Quarrelton,
and several others. Depones, he saw the earl of
Eglinton s servant there, and heard his letters
Were broken up, and he kept prisoner ; as to
their marching, depones conformis prcecedenti,
that once they were ranked in a troop, and that
Blackston rode in the rear ; he did hear the
gentlemen speaking about their going to the
southland army, and that the king s lifeguard
was betwixt the gentlemen and them.

Robert Ker in Kersland, aged sixty years, or
thereby, married, sworn, depones, That the
laird of Kersland his master desired him to go
to the fields with him ; and that he, suspecting it
to be to the rebels, answered, It was better to stay

at home and keep the cow and the kail-stock,
and better to suiter than tight against the king.

John Stuart in Swinrigmuir, aged thirty-six
years, or thereby, depones, he was at Chitterfleet,
that Caldwell, the good-man of Caldwell young
er, Blackston, and Quarrelton, and his brother,
Kersland, Bedland, Cuningham, Mr. Gabriel
Maxwell, Mr. John Carstairs, and others were
there ; that he was there when the earl of Eglin
ton s servant was taken, brought in, and the let
ters broken up, and that he was kept till night
as a prisoner; as to their marching and number,
riding in order, conformis; that Mr. Gabriel
Maxwell said to Blackston, Go to the rear, and
he went ; that as to the sight of the country
people, the gentlemen went away; the gentlemen
said they intended to see the southland party.
Depones, That Kersland told him he was to
join with the southland party, and the deponer
said, he thought it not good ; his master said, the
deponer might go where they went ; that when
they were at Kilbride, it was told them that the
king s army was betwixt them and the southland
party, and thereupon the gentlemen retired to
the House of the Muir. JOHN STUART.

Robert Craig in the parish of Beith, aged
forty years or thereby, married, sworn, depones,
he was at Chitterfleet, depones he was the
person that took the earl of Eglinton s servant,
and that John Stevenson was with him ; that
after the boy was taken, Blackston s servant
came and brought the boy and the deponer to
the gentlemen, that his master s letters were
broken open, and he kept prisoner ; that the
deponent went to Langtoun with the gentlemen,
that Caldwell, Kersland, Blackston, and Mr.
Gabriel Maxwell, commanded the deponer to
take the earl of Eglinton s servant ; depones, he
heard at Knockmade, that the gentlemen were
to join with the southland party.

Patrick Houston, servant to the earl of
Eglinton, aged twenty years or thereby, not
married, sworn, depones, That he was taken
near Chitterfleet, and his letters broken open,
that he saw Caldwell, Blackston, and Bedland,
that Bedland was melting lead, that he got the
letters broken open.

The assize, by plurality of voices, elects James
Somerwel of Drum its chancellor. The assize,
all in one voice, by the mouth and judicious
declaration of the sa id James Somerwel elder of
Drum, their chancellor, finds the said colone.
James Wallace, Joseph Learmont, Mr. James
Smith, and Mr. John Welsh, guilty, and
culpable of treasonable crimes contained in their
dittays, viz. the said colonel James Wallace, and
Joseph Learmont, to have been and had accession
to the late rebellion, and had charge and com
mand in the rebellious army, and commanding
in chief therein, and of b eing with the said
rebels at Lanark, Collington, at the conflict at
Pentland, and other places in the rebellion.
And the said Mr. James Smith and Mr. John
Welsh, to be guilty of joining with the said
rebels, and going alongst, and marching with
their horse and arms from place to place, and
being at Lanark, Collington, and Pentland,

CHAP. II.]

Porterfield, Maxwel younger of Monrief,
Balmageichan, Montclrogat, Robert Chal
mers, Mr. Gabriel Semple, Mr. John Guth-
rie, Mr. Alexander Peden, Mr. William

OF THE CHURCH OF SCOTLAND.

73

minister at Dundonald, was upon the ,,,,,

, 1667.
same account forfeited m life and

fortune, four years after this, December 22d,
1671, by the justice-court. What the reason

Veitch, Mr. Jchn Crookshanks, and Mr. of this delay was, I do not well know. His

Patrick M Naught. Their process being
short, I have insert it below,* and their
sentence is the same. Mr. Gabriel Maxwel,

process I have before me, but it needs not
be insert ; for the depositions of James
Cochran, John Stevenson, John Wilson,

with the robfls. And also the said John M Clel-
lan of Barscob, to be guilty of the crime of
rebellion, specified in his dittay, and having
command in the rebels army, and going alongst
with them in arms. And also they all, in one
voice, find the said Patrick Liston elder, and
William Liston younger, guilty of rebellion,
atid joining with the rebels and being in arms
with them, and going alongst with them. And
sildike, the said assize, all in one voice, found
the said William Porterfield of Quarrelton,
guilty, and culpable of the treasonable crimes
specified in his dittay, in joining and being in
arms with Caldwell and others in the said
rebellion, and meeting, convening, and keeping
committees together to that effect, and of being
present at the taking of Patrick Houston,
servitor to the earl of Eglinton, breaking open
of his letters, and when he was kept prisoner,
and inarching and drawing up, and going
alongst in arms with them, in order to their
joining with the rebellious party in the west,
and of other circumstances specified in his
indictment, in respect they found the same
sufficiently proven. JA. SOMERWEL.

The loth of August.

My lord justice-general, my lord justice-clerk,
and their assizers, by the mouth of Henry Mon-
teith, dempster of court, decern and adjudge
the said James Wallace of Auchanes, John
M Clellan younger of Barscob, Mr. John
Welsh, and Mr. flames Smith, ministers, Pat
rick Liston elder in Calder, William Liston
his son, and William Porterfield of Quarrelton,
to be execute to death, and demeaned as traitors
when they shall be apprehended, at such times
and places, and in such manner, as my lord
justice-general, justice-clerk, or justice-deputes,
shall appoint ; as also decern and adjudge the
forenamed persons, and ilk one of them, of the
treasonable crimes above-written, to have for
feited, amitted, and tint all and sundry their
lands, tenements, annual rents, offices, tacks,
dignities, steadings, rooms, possessions, goods,
and gear whatsomever, pertaining to them or
either of them, to his majesty s use, which was
given for doom. Upon all and sundry the
premises, Sir John Nisbet of Dirleton, knight,
his majesty s advocate, asked and took instru
ments.

* Process against Caldwell, fyc. 1667.
Curia justiciaria S. D. N. regis, tenta in prse-
torio burgi de Edinburgh, decimo sexto die
mensis Augusti, 1667, per nobilem et potentem
comitem Joannem, comitem de Athole, justici-
arium generalem died S. D. N. regis, et
dominum Joannem Hume de Rentoun, mili-
tem, justiciarise clericum.

Curia Icgittime affirmata.
Assessors to the justices:
Alexander earl of Linlithgovv;
William earl of Dumfries.
II.

My lord advocate declares, that he insists now
against the persons following, viz. William
Muir of Caldwell, John Caldwell of Caldwell
younger, Robert Ker of Kersland younger,
Mr. John Cunningham of Bedland, Alexander
Porterfield brother to Quarrelton, Max
well younger of Murrieff, Robert M Clellan of
Balmageichan, Robert Cannon of Mondrogate
younger, Robert Chalmers brother to Gath-
girth, Mr. Gabriel Semple, Mr. John Guthric,
Mr. Alexander Peden, Mr. William Veitch,
Mr. John Crookshanks, Patrick M Naught in
Cumnock, indicted and accused at the instance
of my lord advocate, for the crimes contained in
their indictments, viz. of treason mentioned
therein. The justices find the dittay relevant,
and ordain the same to be put to the knowledge
of an assize.

ASSISA.

William Rigg of Carberry

Sir Robert Dalziel,

Walter Kennoway, secretary to the general,

John Ruthven, tutor of Carden,

William Melville of Dysart,

Colonel James Hay,

Sir John Falconer,

James Lockhart of Cleghorn,

James Hepburn of Bearford,

James Weems of Pitcanny,

George Elphinston of Selmes,

Major George Grant,

James Johnston of Sheens,

Sir William Bellenden,

James Somerwel elder of Drum.
The assize sworn, no objection in the contrary.
John Reid in Dandilly, aged thirty years or
thereby, married, sworn, depones, That Maxwell
of Murrieff, Balmageichan, Mondrogate, Chal
mers brother to Gathgirth, Mr. Gabriel Semple,
Mr. John Guthrie, Mr. Alexander Peden,
Mr. William Veitch, Mr. John Crookshanks,
and Patrick M Naught in Cumnock, were with
the rebels at Mauchline in arms, with swords
and horse, and some of them had pistols; and
that they were at Pentland, except Peden ; that
the reason of the deponer his knowledge is,
that Mondrogate and Mr. Alexander Peden
took him prisoner, and carried him alongst to
Pentland. JOHN REID.

William Muir, tenant to Sir Thomas Wallace,
aged thirty years or thereby, not married, sworn,
depones, That he saw the said Max well of Mur
rieff, and others, with the rebels in arms,
except Mr. John Crookshanks and Patrick
M Naught, whom he did not see, but heard
they were there : that he saw them at Bathgate,
Lanark, and Collington, but he was not at
Pentland, and so knows nothing of that.

WILLIAM MUIR.

John Mirrie in Smithston, aged thirty years
or thereby, married, sworn, depones, That he
saw the whole persons contained in John

1667.

THE HISTORY OF THE SUFFERINGS [BOOK II.

John Anderson, John Caldwell, , Perhaps it was not so convenient, that
and William Caldwell, in process,* general Dalziel, and lieutenant-general

are just adhered to before the assize, who

Drummond, should come immediately to

bring him in guilty ; and the judges pronounce possess the estates of Caldwell and Kersland,
the ordinary sentence. The rest, in the though I am informed they were now
advocate s commission above, are delayed secured to them : and therefore at present
till November, when I do not find they are | the rents of these two, and other forfeited
insisted against, the indemnity and bond persons in Renfrewshire and the neighbour-

of peace being before that time upon the
file.

deposition, with the rebels in arms, saw them
marching alongst with that army at several
places. JOHN MIRRIE.

Daniel Mitchell in Craindam, forty years or
thereby, sworn, depones, That he saw Murrieff,
Mondrogate, Chalmers, Crookshanks, and
M Naught, with the rebels at Lanark, Colling-
ton, and other places, in arms, with swords,
horse, and pistols, and saw them marching
alongst toward Pentland.

James Cochran in Knockmnde, sworn, de
pones, adheres to his former deposition given
yesterday, in omnibus, and declares expressly
that the laird of Caldwell, good-man of Cald
well younger, the laird of Kersland younger,
the laird of Bedland, and Alexander Porterfield
brother to Quarrelton, were at the meeting at
Chitterfleet, and all alongst, as it is contained in
the foresaid deposition.

John Stevenson in Ramshead, sworn, depones,
adheres to his former deposition taken yesterday,
and the whole persons above- written were all at
Chitterfleet, and all alongst, as is contained in
his former deposition.

John Wilson in Ramshead, sworn, depones,
adheres to his former deposition ; and further
depones, That the laird of Caldwell, the good-
man of Caldwell younger, the laird of Kersland,
and Bedland, were at Chitterfleet, and other
places ; but as to Alexander Porterfield, depones
he knew him not.

John Anderson, sworn, depones, adheres to
his former deposition ; and further depones,
that the laird of Caldwell, the good-man of
Caldwell younger, Kersland younger, Bedland,
and Alexander Porterfield, were at Chitterfleet,
and all alongst with that party.

John Caldwell, sworn, depones, adheres to his
former deposition ; and further depones, That
the laird of Caldwell, the good-man of Caldwell
younger, Kersland, and Bedland, were at Chit
terfleet and other places, and that he heard
Alexander Porterfield called by his name, and
that he knew him to be so.

William Caldwell, sworn, depones, adheres to
his former deposition ; and further depones,
That the laird of Caldwell, the good-man of
Caldwell younger, Kersland, Bedland, and
Alexander Porterfield, were at Chitterfleet and
other places (contained in the said deposition) in
arms.

Robert Ker in Kersland, sworn, depones,
adheres to his former deposition taken yesterday.

John Stuart, sworn, depones, adheres to his
former deposition ; and further declares, That
the laird of Caldwell, the good-man of Caldwell

hood, are put into the hands of James
Dunlop of Ilousehill, and he is countable

See Note, p. 73.

younger, Kersland younger, Bedland and
Alexander Porterfield, were at Chitterfleet, and
other places (mentioned in his deposition), in
arms, depones he heard them say, they minded
to go to the southland party.

Robert Craig, sworn, depones, adheres to his
former deposition ; and further depones, That he
saw the laird of Caldwell, Kersland younger, at
Chitterfleet, and other places, and the rest he
knew them not, but heard they were there.

Patrick Houston, sworn, depones, adheres to
his former deposition in omnibus.

The assize, by plurality of votes, elects James
Somerwel elder of Drum, in chancellor. The
assize, all in one voice, finds the said Max
well of Murrieff, Robert. M Cldlan of Bal-
mageichan, Robert Cannon of Mondrogate
younger, Robert Chalmers brother to Gath-
girth, Mr. Gabriel Semple. Mr. John Guthrie,
Mr. Alexander Peden, Mr. William . Veitch,
Mr. John Crookshanks, and Patrick M Naught,
guilty, and culpable of treasonable crimes
specified in their dittay, of being in, and upon
the said rebellion, and joining with the said
rebels, and going alongst with them, and march
ing with them with their horse and arms, from
place to place with the said rebels; as also the
said assize, all unanimously in one vote, finds
the said William Muir of Caldwell, John
Caldwell younger, Robert Ker of Kersland,
Mr. John Cunningham of Bedland, and Alex
ander Porterfield brother to the laird of Quar
relton, guilty, and culpable of treasonable crimes
specified in their indictments, in joining and
being in arms together in the said rebellion,
and meeting and keeping company together for
that effect ; and of being present at the taking
of Patrick Houston, servant to the earl of
Eglinton, breaking up of his letters, and when
he was kept prisoner, in marching, drawing up,
and going alongst with arms in order, of joining
together with the rebellious party in the west,
and of other circumstances specified in their
indictment, in respect they find the same
sufficiently proven. JA. SOMERWEL.

My lord justice-general, justice-clerk, and
their assessors, therefore, by the mouth of Henry
Monteith, dempster of court, decern and adjudge
the said William Muir of Caldwell, John
Caldwell of Caldwell younger, Robert Ker of
Kersland younger, Mr. John Cunningham of
Bedland, Alexander Porterfield, brother to the

laird of Quarrelton, Maxwell of Murrieff,

Robert M Clellan of Balmageichan, Robert
Cannon of Mondrogate, Robert Chalmers
| brother to the laird of Gathgirth, Mr. Gabriel
Semple, Mr. John Guthrie, Mr. Alexander
Peden, Mr. William Veitch, Mr. John Crook-
shanks, and Patrick M Naught, to be executed

CHAP. II.]
to the treasury for them, as appears by his
commission, October 12th, this year, which
I have insert below.* Some time after,

OF THE CHURCH OF SCOTLAND.

to death, and demeaned as traitors, Avhen they
shall be apprehended, at such times and places,
and in such manner as my lord justice-general,
justice-clerk, or justice-depute, shall appoint ;
arid also decerri and adjudge the forenamed
persons, and ilk one of them, for the crimes
above-written, to have forfeited, amitted, and
tint all and sundry their lands, tenements,
annual rents, offices, titles, tacks, dignities,
steadings, rooms, possessions, goods, and gear
Avhatsomever, pertaining to them or cither of
them, to his majesty s use; which was pro
nounced for doom ; whereupon Sir John Nisbet
of Dirleton, knight, hi* majesty s advocate,
asked and took instruments.

* Commission to the laird of Househill, October

12th, ](>67.

We, John, earl of Rothes, and lord high
chancellor of Scotland, John, earl of Twee**
dale, William lord Belli-nden, his majesty s trea
surer-depute, William lord Cochran, and Sir
Robert Murray, commissioners of his majesty s
treasury of the kingdom of Scotland : forasmuch
as there are divers persons within this kingdom
forfeited for their late rebellion, and their whole
estates, heritable and moveable, by virtue
thereof, fallen and become in his majesty s
hands; and having thought fit that some speedy
course be taken for intromitting with the rents
and duties of the said estates, and inventory of
the haill goods and gear moveable belonging to
them ; and, in order thereunto, necessary it is
that some confident person be employed and
commissionated for uplifting the rents and duties
of their lands, and taking inventory of their
moveable goods and gear, which pertained to
them the time of the late rebellion ; and being
fully assured of the faithfulness and diligence of
James Durilop of Househill, and of his fitness for
uplifting of the same, and of that charge and
trust: wherefore to have given and granted,
likeas we, by thir presents, give and grant full
power and commission to the said James Dunlop,
his factors, servants, and others in his name, for
whom he will be answerable, to collect, uplift,
intromit with, and receive all and haill the rents,
mails, farms, kains, and duties, of the lands,
baronies, and others lying in the sheriffdom of
Renfrew and Ayr, of the crop and year of one
thousand six hundred threescore and seven,
and siklike of all years and terms bygone, resting
unpaid, and yearly and timely in time coming,
which pertained of before to the persons under
written, viz. William Muir of Caldwell, Robert
Ker younger of Kcrslund, Mr. John Cunning
ham ofBedland, William Porterfield of Quar-
ivlton, Alexander Porterfield his brother, major
Joseph Learmont of Newholm, within the
sheriffdom foresaid, for his majesty s use ; with
power also to him to take exact inventory of
their haill moveable goods nnd gear, and to
secure the same until further order for that
effect : and upon the receipt of the said rents and
duties, or a part and portion thereof, acquittances
and discharges, in his own name, to give,
subscribe, and deliver, which shall be sufficient
to the receivers; arrest, poind, and distrenzie,
therefore, as accords of the law; and generally

Caldwell s estate is gifted by the
king to Dalziel. 1 have inserted a

75

1667.

copy of the gift as a note ; f Kersland s is

all and sundry other things necessar and requi
site to do in the premises, use and exerce,
siklike, and as freely in all respects, as we might
do therein ourselves, if we were personally
present ; and also to call, follow, charge person
ally, herefore, promising to hold firm, stable, &c.
providing always that the said James Dunlop
make count and reckoning, and payment to us,
or any having our order, of all such sums of
money as he or his foresaids shall receive, by
virtue of his present commission, which is
hereby declared to endure, until he be discharged
by us in writ (registration). We have sub
scribed thir presents with our hands, at Edin
burgh, the 12th day of October, 1(367, before
thir witnesses, Mr. Andrew Oswald and
Thomas Moncrief, clerks of exchequer.

ROTHES, BELLENDEN,

TWEEDDALE, CoC HRAiN".

A. OSWALD, witness.
THOMAS MONCRIEF, witness.

f Gift of CaldwelVs estate to Dalziel, July 1 1th,

1670.

CHARLES R.

Our sovereign lord considering the good and
faithful service done to his majesty, and his
majesty s most royal father, of ever-blessed
memory, by his majesty s right trusty and well
beloved general, Thomas Dalziel of Binns, lieu
tenant-general of his majesty s late forces within
his majesty s ancient kingdom of Scotland, at
several occasions, but chiefly in the month of
November, 1666, bypast, by suppressing the
battle of a considerable number of his majesty s
disloyal subjects of the foresaid kingdom, who,
with* their associates, most unnaturally rose in
arms against his majesty s authority and laws,
intending to have overturned the same, and
wronged his majesty s good and loyal subjects ;
besides divers other good services done to his
majesty by the said general Thomas Dalziel, by
his skilful conduct of the foresaid forces, to the
terror of the native traitors, and of his majesty s
foreign enemies, who endeavoured to have dis
turbed and invaded the foresaid kingdom of
Scotland; as also his majesty being sensible of
the good service likewise done to his majesty, in
his kingdom of Scotland, by the said general
Thomas Dalziel ; and also understanding that
the said general Thomas Dalziel has sustained
great losses, and undergone very much hardship
and sufferings, by long imprisonment, banish
ment, arid otherwise, for his constant loyalty to
his majesty ; and his majesty being most willing,
for his further encouragement to persist in his
loyal actings, to confer some signal favours upon
! him : therefore his majesty, for himself, arid as
> prince and steward of Scotland, with advice
; and consent of his majesty s right trusty cousins
| and counsellors, &c. John earl of Rothes, &c.
! high chancellor of the said kingdom of Scotland,
j John earl of Lauderdale sole secretary of state
of the same kingdom, John earl of Tweedale,
I William lord Bellenden his majesty s trea
surer-depute, William earl of Dundonald, and
his majesty s trusty counsellor, Sir Robert
Murray late justice-clerk, his majesty s com
missioner for the treasury, comptrollery, and

THE HISTORY OF THE SUFFERINGS

76

irr 7 gi yen t Drummond ; Major Ler-
mont s estate is given to Mr. Wil
liam Hamilton of Wishaw ; Quarrelton and

treasury of his majesty s new augmentations ;
and also with advice and consent ot theremanent
lords and other commissioners of exchequer,
ordains a charter to be past under his majesty s
great seal of the foresaid kingdom of Scotland,
in due form, giving, granting, and disponing to
the said general Thomas Dalziel, his heirs and
assignees whatsomever, heritably and irrevocably,
all and sundry the lands and others under- writ
ten, to wit, all and haill the five-pound land of
Knockward, and the five-merk land of Douni-
tiat, with the towers, fortilaces, manor-places,
houses, biggings, yards, orchards, tofts, crofts,
mills, woods, fishings, commonties, pasturages,
coals, coal-heughs, mosses, muirs, meadows,
tenants, tenandries, service of free tenants, an
nexes, connexes, dependances, parts, pendicles,
and pertinents thereof whatsomever,lying within
the bailiary of Cunningham, arid sheriffdom of
Ayr; all and sundry the tiend-sheaves, or par-
sonage-tiends of the same lands of Knockward,
with the pertinents; all and haill the five-pound
land of Knockmade, and five-merk land of
Easter Cald wells, with the towers, fortilaces,
manor-places, houses, biggings, yards, orchards,
tofts, crofts, mills, woods, fishings, mosses, muirs,
meadows, commonties, pasturages, coals, coal-
heughs, tenants, tenandries, service of free
tenants, annexes, connexes, dependances, parts,
pendicles, and pertinents thereof whatsomever,
lying -within the sheriffdom of Renfrew : all
a nd haill the ten-mark land of Kittockside, with
the tower, fortilace, manor-place, houses, big
gings, yards, orchards, tofts, crofts, mills, woods,
fishings, mosses, muirs, meadows, commonties,
pasturages, coals, coal-heughs, tenants, teuan-
dries, service of free tenants, annexes, connexes,
dependances, parts, pendicles, and pertinents of
the same whatsomever, lying within the sheriff
dom of Lanark : and also all and sundry the
tiend-sheaves, or parsonage-tiends of the same
lands of Kittockside, and five-merk land of
Easter Caldwells, above rehearsed, with the
pertinents ; all and haill the lands of Kippelrig,
called of old a temple land, with the privilege of
the common muir of Renfrew, for pasturage
thereof, with houses, biggings, yards, tofts, crofts,
parts, pendicles, and pertinents thereof whatsom
ever, lying within the parish of Mearns, and sher-
iffdoin of Renfrew: all and haill the tiend-sheaves
or parsonage-tiends of the foresaid lands of
Kippelrig, with the pertinents. Which lands,
tiends and others above- written, pertained heri
tably of before to William Muir late of Cald-
Aveli, at least to some of his predecessors, to
whom he is apparent heir of the same lands,
and others above rehearsed, holden by him or
them, or some one or more of them, immediately
of his majesty, for himself, and as prince and
steward of Scotland ; and are now fallen and
become in his majesty s hands, and at his majes
ty s gift and disposition, for himself, and as
prince and steward of Scotland, by reason of
forfeiture, by the privilege of his majesty s crown,
laws and practique of the foresaid kingdom of
Scotland, through the said William Muir his
joining in arms with the disloyal and seditious
persons in the west, who of* late appeared in
arms in a desperate and avowed rebellion against

[BOOK II.

his brother s to Mr. John Hamilton of
Hallcraig.* The copies of the gifts are
before me, but being all the same, mutatis

his majesty, his government, and laws, of inten
tion to have overturned the same, if they had
not been defeat in battle, as said is. And though
all clemency was offered to the said William
Muir, yet he has refused the same ; for which
wild act above rehearsed, of rising in arms, as
said is, he is declared traitor to his majesty, and
all his lands, goods and gear forfeited, as in the
sentence and doom of forfeiture, given and pro
nounced against him by his majesty s justice-
general of the said kingdom of Scotland, his
majesty s justice-clerk thereof, and the assessors
appointed to them by his majesty s privy council
of the same kingdom, upon the day of August,
one thousand six hundred sixty and seven years,
bypast, at more length is contained. And far
ther, to the effect the foresaid denature and
grant may be the more valid and effectual, his
majesty, for himself, and as prince and steward
of Scotland, with advice and consent above speci
fied, has dissolved, and by the tenor of the said
charter, for his majesty and his successors, kings,
princes, and stewards of Scotland, dissolves the
whole lands, tiends and others above-written,
from his majesty s crown and patrimony thereof,
and of his successors, princes and stewards of
Scotland, to be peaceably bruiked, joysed, set,
used, and disposed upon by the said general
Thomas Dalziel, and his above specified, herit
ably and irrevocably in all time coming. And
in testimony thereof, his majesty, for himself,
and as prince and steward of Scotland, with
advice and consent foresaid, of his majesty s
certain knowledge, proper motive, authority
royal, and kingly power, has made, erected,
created, united, annexed, and incorporated, and
by the tenor of the foresaid charter, for his
majesty and his successors, kings, princes and
stewards of Scotland, makes, erects, creates,
unites,annexes, and incorporates the whole lands,
tiends and others respective above mentioned, in
an haill and free barony, to be called now and in
all time coming the barony of ordaining

the foresaid tower, fortilace, and manor-place
of to be the principal messuage of the

same barony ; and wills and grants, and for
his majesty and his successors, kings, princes,
and stewards of Scotland, decerns, and ordains,
that a sasine, now to be taken by the said general
Thomas Dalziel, and by his heirs and successors
above rehearsed, in all time coming, at the
foresaid tower, fortilace, and manor-place of
or at any other part or place of any

* Mr. Wodrow, in additions and emendations
printed in the 2d vol. of his History, has the
following notice : " When I was giving some
account of the disposal of the forfeited estates
after Pentland, in common course with the
rest, I noticed that the laird of Wishaw and
Hallcraig had major Learmond s and Quarrel-
ton s given them ; it would be remembered that
these two gentlemen had the gifts of these
estates, not as general Dalziel and others men
tioned, but through interest made for the
gentlemen forfeited, and for their behoof, as I
am informed since." Ed.

CHAP. II.]

OF THE CHURCH OF SCOTLAND.

77

mutandis, it is needless to swell the notes
with them. I find the king is prevailed
with to pardon Robert Chalmers, condemned
at this time, in the year 1669, and I set

of the lands above-mentioned, shall stand and
be a sufficient sasine tor the same haill lands,
tiends, and others above rehearsed, now united
in the foresaid barony, as said is ; but any other
special or particular sasine, to be taken by him
or them at any other part or place thereof, not
withstanding the same lie not contiguous and
together, but in divers jurisdictions: anent the
which sasines, and all that shall follow there
upon, his majesty, for himself, and as prince
and steward of Scotland, with consent above
rehearsed, has dispensed, and by the tenor of
the said charter, for his majesty and his succes
sors, kings, princes, and stewards of Scotland,
dispenses for ever : to be holden, and to be held
all and sundry the lands, tiends, and others
respective above-mentioned, all erected in the
foresaid barony, and lying as said is, to the said
general Thomas Dalziel and his above-written,
of his majesty and his successors, princes, and
stewards of Scotland, immediate lawful supe
riors thereof for the time, in fee, heritage, and
free barony for ever, by all the rights, miethes,
arid marches thereof, old and divided, as the same
lies in length and breadth, in houses, biggings,
&c. mills, multures, &c. hawking, hunting, fish
ing, &c. with court, plaint, herezeld, &c. and with
furk, fok, sock, sack, thole, thame, vert, wraik,
waith, ware, venison, outfang-thief, in fang-thief,
pit and gallows, &c. and all and sundry other
commodities, &c. freely and quietly, but any
revocation, &c. giving yearly the said general
Thomas Dalziel and his above-written, to his
majesty and his successors, princes and stewards
of Scotland, for the haill lands and others above
rehearsed, except the tiends, rights, services, and
duties of the same lands, and others above-men
tioned, erected in the foresaid barony, as said is,
ought and wont therefore, before the forfeiture
above specified alleriarly; and for the tiends
above specified, the blench-duties, or other duties
addebted for the same by the said William Muir,
before his foresaid forfeiture allenarly. Likeas,
his majesty, with advice and consent foresaid,
faithfully promits, in verbo principis, to cause
ratify and approve the foresaid charter, with the
precept and instrument of sasine to follow there
upon, and dissolution above exprest, in his
majesty s next parliament, to be holden within
the said kingdom of Scotland, and that with
consent of the estates thereof; and that the
foresaid charter shall be a sufficient warrant
for that effect : as also his majesty, with advice
and consent foresaid, ordains that precepts be
directed orderly hereupon, in form as effeirs.
Given at the court at Whitehall, the eleventh
day of July 1670, and of his majesty s reign, the
twenty-second year.

ROTHES, Chanc.

TWEEDDALE,
KlN CARDIN,

DUNDONALD,
BELLENDEN,

MARISHAL,
HALKERTON,

Jo. NlSBET,

Jo. HUME,
CH. MAITLAND.

Compositio 6. lib. 13. 8.
Registrate 26th September, 1670.

1667.

down below* a copy of his pardon,
that the reader may have all the
view I can give him of this affair, all
together.

* Remission to Robert Chalmers, June 2lst t

1669.
CHARLES R.

Our sovereign lord, out of his special grace
and favour, with advice and consent of his
majesty s right trusty and well beloved cousins
and counsellors, John earl of Rothes. &c. lord
high chancellor of the kingdom of Scotland,
John earl of Lauderdale sole secretary of state,
Alexander earl of Kincardin, William lord
Cochran, William lord Bellenden his majesty s
treasurer-depute, and of his majesty s trusty
counsellor, Sir Robert Murray late justice-clerk,
commissioners of his majesty s treasury, comp-
trollery, and treasury of new augmentations
within the said kingdom, and also of the rema-
nent lords commissioners of his majesty s trea
sury and exchequer of the said kingdom, ordains
a letter to be past and expede under his majesty s
great seal of the same kingdom, in due form,
remitting, pardoning, and forgiving : likeas, his
majesty, with advice and consent foresaid, by
the tenor hereof, remits, pardons, and for ever
freely forgives to Robert Chalmers brother
german to John Chalmers of Gathgirth, that
heinous crime committed by him in joining
himself to, and remaining with those who arose
in the late rebellion, in anno 1666, and of all
pains and punishments that may be inflicted
upon him in his person or goods therefore, and
all decreets and sentences of forfeiture (if any
be) pronounced against him for the same, with
all action and pursuit, civil and criminal, that
may be any ways moved or intended against
him thereanent : ordaining hereby the foresaid
crime never to be remembered against the said
Robert Chalmers, but remain in oblivion for
ever, siklike as if the same had never been
committed by him ; and that the said letter be
further extended in the best form, with all
clauses needful, and that precepts be orderly
directed hereupon in form as effeirs. Given at
the court at Whitehall, the 21st day of June,
1669, and of his majesty s reign the 21st year.

ROTHES, Chancel. HALKERTON,
TWEEDDALE, Jo. GILMOUR,

KINCARDIN, Jo. NISBET,

DUNDONALD, Jo. HUME,

MAHISHAL, CH. MAITLAND,

ARGYLE, Jo. WAUCHOP.

Registrate 10th July, 1669.
May it please your majesty,

These contain your majesty s gracious remis
sion, in favours of Robert Chalmers brother
german to John Chalmers of Gathgirth, for the
rebellious crime committed by him, through his
joining in arms with these who were in the
late rebellion, in anno 1666, and of all action,
civil and criminal, that may be moved against
him for the same.

LAUDERDALE.

Compositio 6 lib. 13s. 4d.

78 THE HISTORY OF

Here I would put an end to this
section ; but the sufferings of several
other gentlemen and heritors, upon the
account of this rising at Pentland, offer
themselves to me. Most of them were
forfeited, but I have not the dates, and so I
shall cast them together in this place, with
some hints at the sore oppression of their
families in the succeeding years. The
sufferings of the family of Roberton, in the
parish of Borgue, in Galloway, deserve a
room here ; and I give a hint at them from
an attested account now before me. John
Gordon of Largmore, with his brother-in-
law, William Gordon of Roberton, joined
with other gentlemen in the attempt at
Pentland, where the said William Gordon
was killed, to the great loss of the country
where he lived, and his own family, his aged
father having no more sons. John Gordon
was very sore wounded, and lost much
blood ; through this, and his lying in the
fields some nights after the engagement,
when he came home to his own house, in
a few days he died, and escaped the fury of
the persecutors, who were resolved to carry
him to Edinburgh in a litter. Great was
the trouble Mary Gordon of Roberton was
put to, after her husband and brother s
death, mostly from the instigation of the
curate of the place. After Bothwell-bridge
she was very hardly dealt with, by frequent
quarterings of soldiers, imposing of fines for
her nonconformity. At one time the soldiers
took two good horses from her ; at another
time a party of dragoons carried off almost
all in the house. They emptied the feather
beds, and packed up the rest of the house
hold stuff in them, and carried it off. She
had almost nothing valuable left her. In
a short time they came again, and carried
her, and her only son, John Gordon, a boy,
to prison, and two of her servants, who
were both banished to America. She and
her son, for mere nonconformity, continued
some time there, to their considerable loss
in person and purse. In the (year) 1685, a
company of Highlanders quartered some
days in Roberton, destroying every thing.
Her tenants were sadly oppressed for the
sake of this good family. One of them,
John Sprat, was plundered, and fined in

THE SUFFERINGS

[BOOK ii.

twenty pounds for speaking to his own son,
who had been at Bothwell. Horses and
cows were taken from others of them : but
particulars would be endless.

I shall next consider the sufferings of the
family of Sundaywell, in the parish of
Dunscore. We have already heard how
this gentleman, James Kirko, was taken at
Edinburgh in the year 1G60, with Mr. James
Guthrie, and others, and put in prison,
where he was kept near four months. He
could not escape Middleton s fines, and
paid of fine, with riding-money, six hundred
pounds ; at another time, for nonconformity,
he was fined in two hundred pounds. In
the year 1606, Sir James Turner exacted
from him five hundred merks of church
fines, and he paid two hundred pounds for
the soldiers quartered on him. In October,
by the severities of the soldiers, and their
continual spoiling of his house, he was
obliged to dismiss his family, and betake
himself to a wandering lot. This gave
occasion to the persecutors to believe he
was at Pentland ; but that could never be
evinced. However, by the severities after,
he was forced to leave the kingdom for three
years ; and then, to his dying day, he was
vexed by the lord Lyon, with a process of
forfeiture, in which he was forced to expend
a great deal of money : before it ended, he
got out of all his troubles, by a comfortable
death in the Lord.

James M Clellan, who succeeded him in
what remained of the estate of Sundaywell,
had no small share of the hardships of these
times. Upon a mere allegance he had been
at Pentland, when not yet sixteen years of
age, he was forced to flee to the mountains,
where he, with some others, lurked from
November last, till February 15th this year,
when Mr. M Clellan ventured nearer home
to get some clothes and other necessaries,
with a design to leave the kingdom. That
day he was apprehended by a party of Sir
William Bannantyne s men, and brought to
their garrison at Earlstoun, and there put
into a vault with some other prisoners. Sir
William most cruelly tortured him with
fiery matches betwixt his fingers, and would
force him to tell matters he knew nothing
about. After some time, he was carried

CHAP. II.]

OF THE CHURCH OF SCOTLAND.

79

prisoner to Glasgow, and from thence to
Linlithgow, where general Dalziel, for a
fortnight, would not so much as allow the
prisoners a little straw to lie upon; from
thence to Leith, where he was in great
straits for meat; and at length he was
brought up to the Canongate tolbooth,
prisoners had much kindness

good people in Edinburgh.

1667.

this is taken, he says, was the
saddest day ever he saw, and desires
to mourn for this fall all his days. Indeed,
he gave sufficient evidence of the sincerity
of his repentance. At the next circuit,
1684*, he appeared with the rest of the
heritors, apprehending no more hazard : but
when all were again made to renew that
oath, which, he says, had been to him as a
fire in his bosom, he retired, and fled home ;
but was soon apprehended, and with diffi

culty got off, with giving a
thousand merks, to appear

where the
from the

There he continued till the middle of Sep
tember, when he was examined by the
council ; and upon his refusing the decla
ration, with fifteen others, was banished to
the plantations, but Ijappily broke prison,
and escaped. When he came to the south
again, about five years after this, and was
married by Mr. Robert Archibald, minister
of the parish, at the instigation of the
curates, he was cited before the council for
clandestine marriage ; where, after much
trouble and charges, he got off. Within a
little, the parish of Dunscore was fined,
for alleged robbery committed on the minis
ter, in five thousand merks, though, by the
curate s own acknowledgment, the whole
parish was innocent. His share came to
six hundred pounds. In the year 1678, for
refusing the bond when pressed, he was
forced to leave his family for six weeks, and
hide. In the month of April that year, an
order came for Nithsdale militia to go into
Lanarkshire, and oppress honest people
there. James refusing to go, or send any
in his room, was fined in eighty pounds.
Upon the 9th of May, 1679, he was taken
out of his house by fifteen dragoons, without
any reason given, and carried to the prison
of Dumfries, and from thence to Edinburgh,
where he continued till the middle of July.
For clerks and jailors fees here, he was two
hundred and eight pounds. He met with

much trouble in the (year) 1672 for gather- j James Turner, before Pentland, exacted
ing some money for the necessity of some considerable sums of money from

bond of five
when called.
After this, by Stonehouse he was forced,
with his wife and infants, to quit his house
in the middle of winter, and wandered in
mosses and mountains, without any settled
abode, until the liberty. By Barscob s
forfeiture he lost his whole patrimony, and
the donator would never give him a farthing.
In the (year) 168.5, his house was plundered
by the garrison of Dalswinton. But I must
leave this good man, from whose attested
account of his sufferings we may guess at
the severities many others were trysted with.
James Callane, merchant in Dumfries, was
forfeited some time after Pentland, but his
being there was never proven; he was
indeed present, being dwelling in the town,
at the taking of Sir James Turner ; but no
other guilt was ever made out against him,
but mere nonconformity. In the years
1662 and 1663, for refusing to hear the
curates, he paid for a year s space, forty
pence every Monday for himself and wife.
He underwent much trouble, and several
imprisonments, for his parliament-fine five
hundred merks, and paid the half of it, and
fifteen pounds sterling riding-money, and
more by far than the other half in expenses,
and clerks fees, to get his discharge. Sir

prisoners, and was indicted before the
justiciary, and escaped with much charges.
At the circuit held at Dumfries by the lord
Castlehill, Forret, and others, he was
indicted for reset and converse, because two

ministers had lodged

his house one

night, and was imprisoned, and forced to
take the test the 2d of August thereafter ;
which, in his signed account, from which

When he was declared rebel, most unjustly,
after Pentland, he left the kingdom, and was
seven years in the East Indies. At his
return, he was taken by Claverhouse, and
imprisoned at Dumfries fourteen months,
and at Edinburgh a year and a half; after
which he was banished to Carolina, where
he died. When the accounts of this canie
home, his wife and daughters at Dumfries

80 THE HISTORY OF

1667 were attac k ec * f r nonconformity,

and spoiled of any thing they had,

and forced to wander up and down in the

hills and mountains, for three years and a

half.

Robert Lennox of Plumptoun was re
duced to great losses and straits before the
revolution, as appears by a petition under
his hand, now in mine eye. After Pentland,
though I cannot find he was there, his
estate, worth two thousand merks yearly,
with a good house upon it, was taken from
him, and he forced to flee to England, where
he was for three years in a wandering
condition. At length, with his wife and
children, he went over to Ireland, and
settled at Glenevie, where, the Lord bless
ing his labours in merchandizing, he came to
have a good stock, and was very useful to
get a presbyterian minister settled there,
where none had ever been. For this he
was persecuted by the bishop and his official,
and excommunicated, and upwards of four
hundred and thirty pounds sterling taken
from him, whereby he was reduced to
beggary almost. Some relief was got to
him by my lord Granade, and some others,
and he ventured over to Scotland, and
raised a process against the donator of his
estate, a papist. When he produced his
charter of his lands, it was taken from him,
and he cast in prison, where, through bad
treatment, he was brought very near death,
and got out ; and afterwards lived upon
charity till the revolution. All this he
narrates in his petition, which is all I know
about him.

I find another person, Thomas Lennox of
Plumptoun, in an attested account of the
sufferings of the parish of Borgue, a very
considerable sufferer. I cannot learn
whether he be any relation of the former,
but the particular hardships he was under,
before and since Pentland, are in short;
Sir James Turner extorted from him two
hundred and thirteen pounds ; and, being
imprisoned a great part of two years, his
fees to jailors, &c. cost him two hundred
pounds: extorted by Sir William Bannan-
tyne, two hundred sixty-six pounds, thir
teen shillings, four pennies, besides loss of
his whole crop, and most of his household-

THE SUFFERINGS [BOOK II.

plenishing : all this for mere nonconformity,
and without any process against him. At
one time he was imprisoned at Edinburgh
three and thirty weeks, and at another three
months, precisely for refusing the test. Thus
we have some account of the severities and
forfeitures immediately after the defeat at
Pentland. The sufferings of several other
excellent persons upon this score, will come
in in the progress of this history. It is
time now to come forward to the account of
other occurrences this year, and to the
stopping the severities in part by the dis
banding the army, bond of peace, and
indemnity.

SECT. II.

Of the state of things during the rest of this
year, the disbanding the army, bond of
peace, and indemnity.

IT remains now that I lead the reader
in a little to the reasons and method of
putting some stop to such heavy persecu
tion. The bishops and their party, who
had been the occasion of the raising the
oppressing army, use all their interest to
continue and keep it up; and here joined
them, not only the officers and their friends,
but also several others, hoping to share of
the spoil of presbyterians iu the west and
south. Accordingly they endeavour to per*
suade the king, that all the Whigs and
presbyterians are enemies to monarchy, as
well as to the church established by law,
and therefore must be extirpated. The
execution of this, they hope, will be put
into the hands of their friends ; and all of
them expected they might come to reap the
harvest of money and estates, they had been
greedily looking for since the restoration.

From the letter to the king immediately
after the victory at Pentland,- the reader
will have observed their desire of " a more
vigorous application of the king s power for
rooting out rebellious principles now leaven
ing the nation." The plain Scots of this, as
explained by private letters sent up at the
same time, was a desire, that the council
might have power put in their hands to
press the declaration upon all presbyterians

CHAP. II.] OF THE CHURCH OF SCOTLAND.

of estates and riches ; and in case of refusal,
which they made no doubt of, straight to
forfeit them. It was likewise pressed that
the army might be continued, and being
filled with their good friends, the rest of the
nation would have been providitors for
them, and tenants at will. At present there

81

was very little difference between the king s
secret council and Dalziel s council of war.
Duke Hamilton was only rit-master* Ham
ilton, as the general used to call him, Rothes
was rit-master Lesly, Linlithgow was colo
nel Livingstone, and so of the rest. Dalziel
and Drummond were, quickly after the
disaster at Pentland, made privy counsel
lors; and had this project gone down at
court, the misery of this nation had been
very soon completed, and the eastern Turk
ish slavery introduced, or that of France,
where the nobility and officers of the army
are much the same.

The bishops used all their interest, and
made as great efforts as they were capable
of, to get this project gone into in its full
latitude ; and lieutenant-general Drummond
goes up to court to negotiate this affair.
He endeavours to persuade the king, the
country was so averse from prelacy, that
they could not be kept in quiet, without a
good army and military force, and violently
pressed the continuance of a standing army,
and the harshest methods against the refus
ers of the declaration. The archbishop of
Glasgow went likewise up to London, the
primate, as we have heard, not being at
present so very acceptable, as once he had
been. He was a man of cunning and sub-
tilty enough, and by his setting up so very
much upon the lay of the English forms,
was in good terms with the violent church
men and their party, and hoped, by their
assistance, to have conformity crammed
down people s throats, by the rigorous press
ing of the declaration, and a standing army.
While this matter is in dependance, a con
vention of estates meet at Edinburgh, Jan
uary 23d, and lay on a subsidy for the army,
sixty-four thousand pounds a month for a
year s time, as may be seen in the printed

1667.

acts of parliament. When I looked
to the act of the convention, I won
dered to find so few hard words upon the late
and recent rising at Pentland ; and am apt to
think, this hath not been looked upon as so
black and atrocious a crime, as some prela-
tists and Jacobites have made it since ; nor

* Master of horse. Ed.

II.

so frightful an attack upon the prerogative,
otherwise this loyal convention would have
taken more notice of it. It may be further
remarked, that in the narrative of the act,
it is said, " That the king hitherto had main
tained the army upon his own charges,"
which I know not so well how to reconcile
with the express application of the fines, to
the payment of the army, above narrated.
In short, the convention, in the excess of
their loyalty humbly offer to maintain " all
the forces the king shall please to raise :" a
blank is thus put in his hand, to raise and
continue as numerous a standing army, as
his arbitrary counsellors should for their
own ends advise him to.

It was happy for the nation, that Lauder-
dale, who had very much of the king s ear
at this time, was of other sentiments. He
smelled the design of a great many, who
were for a standing army, was to enrich
themselves and friends, and gratify the
prelates in severities upon presbyterians.
Several things concurred to cross this vio
lence projected against them. Bishop Sharp s
double-dealing had been lately discovered
to the king, and his interest at court was
considerably weakened : therefore the arch
bishop of Glasgow went up to court, and
not the primate, as had been in use these
years bygone. Chancellor Hyde and his
party were fast losing ground in England,
and in August this year he resigned his
staff; and the interest of our Scots prelates
at court, leaned much upon him and his
party of highfliers. And perhaps this dis
appointment was not a little owing to a
difference fallen in of late betwixt Lauder-
dale and several of our great men in Scot
land, who had been his friends in his debates
with Middleton, yea, had been brought into
their posts by his influence. Of this number
were duke Hamilton, Rothes, Newburgh,
Linlithgow, Dalziel, with the officers of the
army ; and almost the whole of the prelates
L

THE HISTORY OF THE SUFFERINGS [BOOK II.

the like for the future, and for quieting and

joined them. These made up a sepa
rate party from Lauderdale s friends
in the council, who were the earls of Argyle,
Tweeddale, Kincardine, the lord Cochran,
Sir Robert Murray, and some others. Lau
derdale s favour with the king made him
able with his few friends to make a stand
against his enemies, and his interest above
produced very considerable changes in Scot
land this year. In March 1 find the earl of
Airlvand lord Cochran are made counsellors ;
in June Sir Robert Murray is made justice-
clerk; in October the earl of Rothes s
commission is declared void, and he is
divested of several profits he enjoyed, and
made chancellor; the army is disbanded,
and an indemnity granted, as we shall hear.
These civil changes, save in as far as they
had influence upon the sufferings or respite
of presbyterians, I leave to be accounted for
by others.

After the convention of estates were up,
Lauderdale prevailed with the king to send
his letter, dated March 12th, to the council,
which, though severe enough, was not so
agreeable to the projects of such who were
concerned in the army ; yea, it was a con
siderable disappointment to the party who
opposed Lauderdale, and the forerunner of
a greater. The council read it, March 21st.
By it they are allowed to put the declaration
to all suspect persons, and to incarcerate
such as refused it. But they cared not
much for bare imprisonments, those pro
duced little money, and it was the estates
of the Whigs and their money they had in
their eye. The conversion of fanatics by
imprisonment, was either despaired of, or
little at heart. This letter is of that import
ance, and had so many consequences, that
it must have a place here.

" Charles, &c. We greet you well. The
convention of estates of that our ancient
kingdom, having liberally and cheerfully
contributed to the maintenance of the forces
raised, and such as we should think fit to
raise at this time, for the defence of the
kingdom against any foreign invasion, or
intestine rebellion, we have seriously con
sidered of the fittest means for securing the
kingdom against invasions from abroad, for
tooting out of the late rebellion, preventing

preserving the peace of the kingdom and
the good of the church, as it is now settled :
and for these ends having heard those lately
come from Scotland, and considered the
advices which we have had out of Scotland,
we have resolved to send you these follow
ing powers and directions.

" First, According to the advice of our
privy council, for the better discovery of
such as are dangerous, we do empower you
to tender the oath of allegiance, and the
declaration, which was by our parliament
required of all who are or shall be in any
place of trust, unto such active and leading
persons of the disaffected party, as you
shall find just reason to suspect, and secure
the persons of all who shall refuse either
the one or the other, when so tendered
unto them.

" Secondly, We do authorize you in our
name to emit a proclamation in due form,
requiring all, both gentlemen, and heritors,
and commons, within these shires where
there appears most disaffection (which you
are to set down in that proclamation), to
bring in, by such a day to be named by you,
all arms of what sort soever, and all powder
under such pains and penalties as be by you
thought fit ; and that these arms and powder
be forthwith secured in any of our garrisons
of Edinburgh Castle, Stirling Castle, or
Dumbarton Castle, you always allowing
gentlemen to wear their swords.

" Thirdly, We do authorize and enjoin
you to seize all serviceable horses, in the
possession of any disaffected or suspected
person of what quality soever; provided
always, that such horses be first apprized by
honest and indifferent persons, at the sight
of the sheriff, or some other person or
persons appointed by you for that effect.

" Fourthly, We do authorize and require
you with all possible diligence, to model a
militia of horse and foot in the several shires
of that our kingdom, to be ready to join
with our forces, as they shall be commanded,
for securing the kingdom, as well against
intestine commotions as foreign invasions,
which you are to model, and offer to us
with all possible expedition for our appro
bation ; which being signified, and we having

CHAP. II.] OF THE CHURCH OF SCOTLAND.

83

named persons loyal and well principled, to
command them, you may speedily proceec
to put the kingdom in a posture of defence,

" Fifthly, We do require you with all
speed to provide arms and ammunition for
the defence of the kingdom ; for which pur
pose we do allow all the remainder of the
first year s taxation, and because money

may not be presently raised, we do allow

our commissioner, to allow such rates for
advance of the same, as you think necessary.

"Sixthly, We do require you to take
some effectual course, that every parish
secure the persons of .their ministers from
violence and affronts.

" Lastly, For exemplary punishments of
the late rebels, for the terrifying of all men
from daring to attempt any thing of the
like nature hereafter, upon any pretext
whatsomever, and for the more effectual
rooting out of rebellious principles, we do
peremptorily require you without any further
delay, to give present order for the criminal
pursuit of all heritors, or men of estates, all
preachers and military officers who were in
the late rebellion, or who assembled them
selves without our authority, in order to
the rebellion, before the justice-general, to
the end they may be tried according to law,
and being found guilty, forfeited without
any further delay. So expecting a ready
obedience, and speedy account from you,
we bid you heartily farewell. Given at our
court at Whitehall, the 12th day of March
1667, and of our reign the nineteenth year.
By his majesty s command.

" LAUDERDALE."

That same day the council "appoint a
committee to meet and think upon rules to
judge what persons are disaffected, and the
fittest means for securing the persons of
ministers in every parish." The clerk is
ordered to form proclamations, conform to
the second and third articles of his majesty s
letter. And they ordain a warrant to the
advocate to pursue heritors, &c. in terms of
the sixth article. At their next meeting,
March 22d, they approve the two draughts
of the proclamations laid before them,
which are published March 25th. The first
is, for bringing in of arms from the shires of

1667.

Ayr, Lanark, Renfrew, and Wigton,
and stewartry of Kirkcudbright,
against the 1st day of May. I have insert
it below.* . The order is universal through

* Proclamation for bringing in arms, March
25/A, 1667.

Charles by the grace of God, king of Great
Britain, France, and Ireland, defender of the
faith ; to our lovits,

messengers, our sheriffs in that part, conjunctly
and severally, specially constitute, greeting : For
asmuch as the late rebellion and rising in arms
in the western shires, is too great an evidence
that there are many disaffected persons in these
places, who are ready to involve the kingdom
again in a bloody and unnatural war; and that
we have just reason to suspect that these rebels
will be ready to lay hold on this opportunity to
rise in arms, when we are necessitate to continue
the war with our foreign enemies, arid not only
to make use of such arms, powder, and ammuni
tion, as they have concealed, or may be trans
ported to them from our enemies ; but will seize
upon the arms of our well affected subjects, who
reside amongst them, and are not able to make
resistance, which may endanger the peace of the
kingdom, and weaken our forces, necessitating
them at one time to oppose foreign invasions
and intestine commotions : as likewise, that
according to their former wicked practices, they
may invade the ministers of the gospel, who are
lawfully admitted preachers amongst them, and
do violence or injury to their persons, to the
great contempt of our authority, and scandal of
the reformed religion, as it is now profest.
Therefore, we, with advice of the lords of our
privy council, command and charge all persons
residing within the shires of Lanark, Ayr,
Renfrew, Wigton, and the stewartry of Kirk
cudbright, betwixt and the first dy of May
next, to bring in all their arms and ammunition
which they have in their possession, of whatso
ever sort (allowing gentlemen only to carry^
swords, and none other), to the head-burghs of
the respective shires and stewartry, and deliver
the same to the sheriff, his depute, or any having
his order : v/ith certification to them, if they
fail, they shall be fined by our secret council in
the sums of money under-written, viz. : Ilk
gentleman in the sum of two thousand merks,
and every other person in the sum of five hun
dred merks, to be divided, the one half to be
paid to our exchequer, and the other half to any
person who shall first discover the concealers ;
and further, shall be proceeded against as sedi
tious persons, and disaffected to our government.
Likens, we ordain the said sheriff, his depute, or
any other appointed by him, immediately, upon
the delivery of their said arms or ammunition,
to carry the same to Stirling or Dumbarton
Castles, which shall be next adjacent, there to be
kept by the governor thereof. As likewise we
command and charge, that all heritors and
parishioners, residing in any of the parishes
within the said bounds, protect and defend the
persons, families, and goods of their respective
ninisters within their several parishes, from all
iffronts and injuries to be committed by insolent
and disaffected persons to the present govern
ment, as well when they are in the exercise of
he ministerial function, as residing at their

THE HISTORY OF

these shires, and gentlemen are only
allowed to wear walking swords.
It seems nobody in these western shires were
allowed to have the privilege of defending
themselves or families from thieves and rob
bers, they were so deeply leavened with
presby terian principles. One pretext for this
unreasonable treatment of subjects, is, " to
prevent the invading the ministers of the
gospel, who were lawfully admitted preach
ers of the gospel among them." Parishes
are made liable for all the injuries done to
legal ministers, not only when in the exercise
of their ministerial function, but when in
their houses and families : and, accordingly,
as we shall have occasion to remark, most
iniquitous fines were extorted from parishes,
when thieves and robbers came and spoiled
the curates houses ; or they themselves, by
their incivilities, injustice, unrighteousness,
and oppression, had provoked some passion
ate persons to fright them, which the people
of their parish could neither prevent, neither
so much as knew of, till the attempt was
over. These attempts are charged upon
these they now call rebels in the proclama
tion, most groundlessly : none, I can learn
of who were up at Pentland, and indeed no
presbyterian, approved these riots. The
proclamation likewise seems to insinuate as
much, as if those who had been at Pentland,
were in concert with the Dutch ; which is a

own houses and dwellings : with certification,
that if any injury or affront shall be done to
them, in their persons or goods, that the parish
ioners who shall suffer the same to he done, and
not oppose the doing thereof, shall be repute and
holden as art and part of the said crimes and
violence and be proceeded against by law as
guilty thereof, and punished according to the
quality of their offence with all rigour. And in
case the said injuries shall be done by surprisal,
that they follow and pursue the committers
thereof, until they apprehend their persons, and
present them to our secret council, to be judged
by them as they shall order : otherwise we
declare that they themselves shall be liable for
such reparation, damage, and interest, as the
said lords of council shall think fit to determine.
And ordains the said sheriffs to cause intimate
these presents by public proclamation, at the
market-crosses of the head-burghs of the said
respective shires and stewartries, and cause read
the same at all the parish churches within the
said shires and stewartries, upon a Sunday before
noon, after divine service, with all diligence ;
and that these presents be printed, that none
pretend ignorance.

THE SUFFERINGS [BOOK II.

very idle and groundless innuendo. Indeed
this proclamation had no great consequence
as to the bringing in of arms ; a few were
brought together, and, a little while after
this, were cast into the sea.

Jointly with this, another proclamation
of the same date is emitted, prohibiting all
persons who withdraw from ordinances,
and keep not their own parish church, to
keep horses above a hundred merks value ;
as may be seen in the paper itself.* This
satisfied the prelates somewhat, but did not
much fill their churches. Had this act
been executed against all neglecters of
public ordinances, I am persuaded the king
might have had some very good horses
from many of the managers, and their friends,
and even from some of the bishops them
selves, who cared very little for, and as
little frequented any assemblies for worship.
That same day, they make a return to the
king s letter, and acquaint him with what
they had done, and are to do, as to every
article of his letter. A good part we have
seen in those two proclamations ; but they
give his majesty their opinion as to the
ordering the militia, and some other heads,
of which the curious reader will perhaps

* Proclamation for bringing in horses, March
25t/t, 1667.

Charles, by the grace of God, king of Great
Britain, France, and Ireland, defender of the
faith ; to our lovits,

messengers, our sheriffs in that part, conjunctly
and severally, specially constitute, greeting :
Forasmuch as it is more than high time, "to

Srevent the rising of disaffected persons, who,
uring the continuance of the war with our
foreign enemies, are ready to break out in open
rebellion, and rise in arms against us and our
authority, by disabling them from putting
themselves in a military posture, and in a con
dition to make any sudden marches, or attempts
upon our well affected subjects, or any part of
our standing forces, or to join with these, who
are of their own pernicious and disloyal prin
ciples, who live at a distance from them.
Therefore, we, with advice of the lords of our
privy council, command and charge all persons
within the shires of Lanark, Ayr, Renfrew,
Wigton, and stewartry of Kirkcudbright, of
whatsoever quality, who have refused to accept
of any public trus t, or have deserted the same,
being in place; as also, all those who withdraw
from public ordinances, and do not keep their
own parish churches, or do not submit to the
present government of church and state ; as
likewise all those who being warned to rise,
and join with our forces, for suppressing the
late rebellion, did not give obedience, unless the

CHAP. II.] OF THE CHURCH OF SCOTLAND.

desire to be informed of, and therefore it
is subjoined.*

I do not find a sederunt of council from
March 22d, till June 6th. The reason
of which I do not pretend to give; they use
not to have so long intervals. That day a
letter is read from the king, dated May 4th,
" That whereas nothing can be useful for
our service, or more conducible for reclaim-

said persons will take the oath of allegiance, and
subscribe the declaration appointed by the late
act of parliament, that after the fifteenth day of
May next, they, by themselves, nor no persons
to their use and be hoof, do not keep any service
able horses, above the i m ate of one hundred merks
Scots, under any pretext whatsoever: with
certification, if they fail, that upon information
of any person well affected, the sheriff, or any
two of the justices of peace within the shire,
shall cause value such horses, and finding them
above the rate foresaid, shall cause deliver them
to the informer, and that without any payment
or satisfaction to be made therefore. And
requires all sheriffs and justices of peace, within
their respective bounds, to issue orders, for
convening the contraveners of this act before
them, and causing apprize any such horses, by
indifferent persons, that it may be known, if
they be above the rate foresaid. And, in case
that the persons who compear, shall offer to
purge themselves of any suspicion of disaffec
tion to our government, upon the accounts
foresaid, that they administer to them the
oath of allegiance, and offer the declaration
to be subscribed by them, which being taken,
and subscribed by them, as said is, then we
enjoin them to dismiss the said persons with
their horses, to be kept by them, without any
further trouble or molestation, otherwise, that
they proceed as said is. And ordains the
sheriffs of the said shires, to cause intimate
these presents by public proclamation, at the
market-crosses of the head burghs of the said
respective shires and stewartries, and cause read
the same at all the parish churches of the said
bounds, upon a Sunday before noon, after divine
service, with all diligence, and that these pre
sents be printed, that none pretend, ignorance.

* Council s letter to the king, March 25th, 1667.
Most sacred sovereign, In obedience to your
majesty s letter of the 12th of this instant, we
have seriously gone about the performance o"
these particulars recommended to us, with tha
diligence and faithfulness which is suitable t<
your majesty s tender care of this your ancien
kingdom, and your royal wisdom, in providing
timously for such means as may secure you
royal subjects from the dangers that are threat
ened from your enemies abroad, and the disaf
fected party amongst ourselves, whose rebellion
principles may have led them, in this junctur
of affairs, to desperate and new undertakings
and, after full deliberation, have resolved on th
following orders, whereof we found ourselve
bound in duty to give your majesty an account
As to the first, concerning the tender of the oat
of allegiance and declaration, to active and lead
ing persons of the disaffected party, we ar
resolved to go about the same with all diligence

1667.

ng the people from these treason-
ble and fanatic principles, where
with they have been poisoned by factious
ireachers, than the encouraging the sober
nd orthodox clergy, against whom the
reatest rage appeared in the late rebellion.
And whereas we are resolved not only to
:ncourage and protect the bishops in the
xercise of their callings, and all the ortho-

nd hope in a short time to give your majesty a
ull account thereof. As to the second and
ixth articles, which relate only to some western
hires, we have issued a proclamation in your
najesty s name, for calling in all arms and
mmunition, and securing from violence the
)ersons of ministers in those places, whereof
>rinted copies are herewith transmitted to your
majesty. As to the third, for seizing all
erviceable horses belonging to disaffected or
uspected persons, we have agreed upon some
haracters whereby such persons may be known,
.nd accordingly have emitted a proclamation ;
>ut because it is not clear to us that your
najesty did intend that this shall be put in
execution over all the kingdom, we have
restricted it only to some western shires, until
we know your majesty s further pleasure. As
o the fourth, we having considered the late act
)f parliament, whereby the estates did tender to
rour majesty twenty thousand foot, and two
housand horse, to be levied out of all the shires
ind boroughs of the kingdom, according to the
proportions therein set down, and humbly con
ceive at this time your majesty may nominate
officers for the several divisions, as the said act
Dears; yet because there will be great difficulty
;o get arms, and a burden to the subjects to
provide for the Avhole number, that it may
prove more effectual for your majesty s service,
that the half of that number may always be in
readiness to be trained in their several divisions,
for to march to any place they shall be appointed :
it is our humble opinion, that your majesty may
order only the half to be always in readiness,
when they shall be called to these duties, and
the rest if necessity require; and seeing the
western shires, who are to be disarmed, and
their horses taken from them, cannot be ordered
to have their militia in readiness, they must be
excepted out of that order, and no officers are to
be commissionate by your majesty as to these
bounds ; yet it is offered to us by duke Hamilton,
that as many horsemen may be got out of
Lanarkshire as their proportion will amount to,
who will take the oath of allegiance and declara
tion, upon which account we humbly may name
officers of horse as to that shire. As to the
fifth, anent providing of arms and ammunition,
we have recommended the performance thereof
to the lord commissioner his grace, who (we
are confident) will effectually go about the same.
As to the last, orders are given to your majesty s
advocate to intent processes against all such
persons as are named in that article, before the
justice-general, that the sentence of forfeiture
may be given against them without delay : so
praying God to bless your majesty and all your
undertakings, we remain your majesty s most
faithful and obedient subjects and servants.
Subscribed ut sederunt.

THE HISTORY OF THE SUFFERINGS

dox clergy under them, but also to
discountenance all of what quality
soever, who shall show any disrespect or
disaffection to that order and government :
therefore \ve do more especially and ear
nestly recommend it to you, who are trusted
under us with the government of that our
ancient kingdom, to give all manner of coun
tenance and encouragement to the ortho
dox clergy, and to punish severely any
affronts or disrespect put upon them ; to
the end that they may be the more endeared
to their people, when they see how careful
we, and all in our authority under us, are
of their protection in the due exercise of
their calling." Indeed when many of the
orthodox clergy, as their name now is, took
no care to conciliate respect to themselves
by their doctrine and a proper ministerial
carriage, but, by their violent persecuting
temper, drew down the hatred of their
people, there was no other way left to sup
port them, but the secular arm that had
made the bishops, and forced in this clergy
upon Scotland. I have heard nothing of
any rage, or particular injuries done to the
episcopal ministers, by the people who
were in arms lately; but somewhat of
the nature of this letter was necessary
at this time, when it was found proper
to take a different course from what the
prelates inclined to. According to this
letter, and indeed beyond the expressions
in it, a proclamation is emitted next coun
cil day, June 13th, making heritors and
parishioners liable for all the damages done
to ministers, and that in the strongest
terms : and we shall afterwards find it rigo
rously enough put in execution. Since I
have not seen it in print, I have insert it
below,* and it needs no remarks ; some
upon the matter may fall in afterwards.

[BOOK u.

That same day, another letter fr.im the
king to the council is read, pressing, in warm
terms, the forfeiting of such who had been
concerned in the rising, and escaped from

* Proclamation about ministers, June \3th t 1667.
Charles, by the grace of God, king of Great
Britain, France, and Ireland, defender of the
faith ; to our lovits,

messengers, our sheriffs, in that part conjunctly
and severally specially constitute, greeting:
Forasmuch as, we, by divers acts of parliament
and proclamations, have expressed and declared
our royal care and resolution to protect the
orthodox and well affected clergy and ministers ;
and to that effect and purpose a proclamation
was issued by us, upon the 5th of March last.

commanding all heritors and parishioners within
the western shires there mentioned, to protect
and defend the persons, families, and goods of
their respective ministers, within the several
parishes, from all affronts and injuries to be
committed by insolent and disaffected persons
to the present government, in manner, with,
and under the certifications and pains therein
contained : and nevertheless, the malice and rage
of such persons is so implacable against loyal
ministers, upon no other account, but that they
are faithful and obedient to our laws and
authority, that of late, since the said proclama
tion, divers outrages have been committed
within the said western and other shires, by
invading and wounding the persons of several
ministers, assaulting them in their houses, and
plundering and robbing their goods, to the
great scandal of religion, contempt of our
authority, and discouragement of the preachers
of the gospel ; and it is a great encouragement to
such sacrilegious and wicked persons, that
within the parishes where such insolencies are
committed and done to ministers, there are not
wanting persons of the same temper and prin
ciples, who do secretly favour and encourage and
comply with them ; and they do presume that
the actors withdrawing, the parishioners will
not be questioned, and that they will not think
themselves concerned to repair the wrongs done
to the ministers. Therefore we, with advice of
the lords of our privy council, command and
charge all heritors, liferenters, and others having
any real interest or rent within the several
parishes of the kingdom, whether they reside
within the same or not, their bailies, chamber
lains, and others having trust under them, and
all other parishioners, to protect, defend, and
secure the persons, families, and goods of their
ministers, not only in the exercise of their
ministerial function, but in their dwelling-
houses, or being elsewhere within the parish,
from all injuries, affronts, and prejudices, which
they may incur in their persons and goods, from
the violence and invasion of any disaffected or
fanatic person ; and that upon the notice of any
attempt of such, they immediately repair to any
place where they shall hear such injuries are
offered, and sei ze upon the persons of the
comrnitters ; and in case they flee out of the
said bounds, that they give notice to the sheriff,
or any garrison, or forces that shall be nearest to
these places, that they may pursue them till
they be apprehended and brought to trial :
with certification, that if any such outrages
shall be committed, the actors and all persons
who shall have any accession to the same, and
shall aid and assist, or any way comply with,
or shall willingly reset or conceal the delin
quents, shall be proceeded against, and punished
with all severity, as equally guilty with the
invaders. And further, if they be not appre
hended and brought to trial, by the means and
diligence of the parishioners, letters shall be
directed at the instance of our advocate, to cite
the parishioners to compear before the lords of
our privy council, at the least to send three or
four of their number, specially authorized for

CHAP. II.]
it ; the issue of which was the justiciary
court, held August 15th, as we have seen
in the former section. The king there
makes an innuendo, That some of his judges
were too favourable to that party ; with
some other particulars, which the reader
will best see in the proclamation itself,
which I have annexed in a note.* The
occasion of it was the clamour of the
bishops, and an alleged attempt made upon
Mr. Patrick Swinton, curate of Borgue, in
Galloway, who was indeed very active in
the persecution of that country. I own
any irregular attempt, even under provoca
tion, is a fault ; and I will not in the least
offer to vindicate it in any whosomever.

that effect, to hear and see the parishioners,
decerned to pay the minister for reparation,
damage, and interest, such a sum and fine as
our council shall be pleased to determine specially,
consideration being always had of well affected
heritors arid parishioners, who constantly attend
the public ordinances, and as they are required
by the ministers, concur with them in the
exercise of church discipline, who are to be
tried to be such by the justices of peace, or
their judge ordinary, and a citation of the
parishioners in general, at the market-cross of
the shire, being intimate at the parish church
upon a Sunday before noon, after divine service,
we declare to be sufficient : and the said sum
modified, shall be divided amongst the heritors
and liferentera, and others, according to their
respective valuations, and is to be advanced and
paid by them to the sheriffs, stewards, or bailies
of regalities and bailiaries, who are hereby
ordained by themselves or deputes, to uplift the
same for the use of the minister, and to use all
lawful execution for that effect, and for relief of
the said heritors, liferentera, and others foresaid,
their several tenants are hereby ordained to pay
the third part of the several proportions payable
to their masters ; and where any person has more
tenants than the third part payable for relief
of their master, is to be divided and proportioned
betwixt their tenants proportionally, and accord
ing to the duty they pay respective ; and if any
question arise thereanent, either amongst the
tenants themselves, or the tenants and their
masters, the same to be determined by the
justice of peace, sheriff of the shire, or other
judges ordinary, in whose jurisdiction they
reside, in the option of the complainers. And
ordains these presents to be printed, and pub
lished at the market-crosses of the head burghs
of this kingdom, and read at all parish churches
upon a Sunday before noon, after divine service,
that none pretend ignorance.

* King s letter to the council about forfeitures.

May 4Vt.
CHARLES R.

Right trusty, &c. We greet you well. We
did by our despatch, which our major-general
carried, amongst other things, require you to
cause proceed in a process of forfeiture, against

OF THE CHURCH OF SCOTLAND.

87

The project being now formed
above, and things thus disposed for
slackening severities against the presbyte-
rians, and dismissing the army, Sir Robert
Murray came down from court, to get a
true account of the state of the country,
and the carriage of the army. He was
a very learned and ingenious gentleman, a
great ornament of his country, a diligent
promoter of every branch of useful know
ledge, and moderate in his temper. In
deed, true and useful learning makes all
who have it, heartily against persecution
for conscience sake, and friendly to the
liberties of their country. The primate s
contradictory accounts, and the great inter-

those heritors, gentlemen, and ministers, who
were in actual arms in the late rebellion, or who
gathered together without our authority, in
order to join with the rebels. We expect you
will be careful to hasten that process, and give
us an account of it. And whereas we aru
informed, that divers of the rebels do lurk or
wander in the country, we do now further
require you to issue a proclamation in our name,
by which all the rest of the rebels who are not
yet taken may be cited by name, to appear at a
certain day to be named by you, to the end they
may be proceeded against according to law, and
that such as do not appear may be criminally
outlawed and declared fugitives ; and that all
who shall afterwards reset, conceal, or keep any
manner of correspondence with any of them,
may be punished according to law. This you
are to do in the ordinary form, with all clauses
necessary. And whereas we have been several
times informed, that both in the commission for
church affairs, and at our council-board, those
who have been cited for conventicles, and other
crimes contrary to law, nay, even divers of the
rebels have been pleaded for, and countenanced,
even in these our judicatories, and to this day
we could never hear any body named or con
descended upon ; therefore we do positively
command you our commissioner, when by any
person in authority under us any obstruction
is given to our service, any forslowing our
commands, by countenancing or pleading for
forfeiters, conventicle-keepers, or disobedient
persons to ecclesiastical government, who shall
be brought before any of these judicatories, that
you our commissioner give us particular infor
mation of the names of such persons who are in
any trust under us, to the end we may take
such courses therewith, as may thereafter pre
vent such practices. And because it will be
necessary for our service, that a cotistant corre
spondence be kept betwixt you and our lieutenant
of Ireland, you shall settle a way of correspond
ence through that part of Scotland, as we will
order our lieutenant to do the like in the Irish
side ; and so we bid you heartily farewell.
Given at our court at Whitehall, the fourth
day of May, and of our reign the nineteenth
year. By his majesty s command,

LAUDERDALV.

88

THE HISTORY OF THE SUFFERINGS

1667.

est these concerned in the army, had
in the Scots council, all the coun
sellors almost being under pay, made the
king very justly suspect the informations he
got from Scotland. In June, I find Sir
Robert admitted to the office of justice-clerk.
While Sir Robert is in Scotland, all the
efforts possible were made by the prelates and
the army to force some evidences of the
necessity of the continuing the forces now in
pay. One day, letters come in to Edinburgh,
signifying that the Whigs were in arms again.
Indeed another Pentland would not have been
unwelcome to some now. At another time,
the accounts came in of attacks upon the
legal ministers houses. I find it believed
by people who understood the circumstances
of those attempts, that some of the army
did personate the Whigs, and plundered,
and rifled, or at least threatened some of
the curates houses ; but having seen no
particular proofs of this fact, I cannot assert
it. However, those attempts were made a
strong argument for the keeping up of the
army ; yea, Sir William Bannantyne was
sent into Galloway a second time, to exact
the bonds he had taken from a great many
there, which yet were not payable till Martin
mas, in hope that the poor people might be
prevailed with to resist such palpable injus
tice j and great was the struggle at the coun
cil-board to preserve the army, the chief
hope and support of the bishops*

Till once the peace with Holland was
concluded, it was not found proper to dis
band the forces : but meanwhile, I find, in
July, many prisoners, upon the account of
Pentland, are set at liberty, upon their
signing -the declaration ; and some favours
are granted, but awkwardly enough, to some
presbyterian gentlemen confined and impris
oned. William Lawrie, tutor of Blackwood,
is allowed to come out of the Castle of
Edinburgh, and to have the liberty of the
town, about his affairs. James Hamilton of
Aikenhead (at the writing of this, 1715,
lately dead) applies the council, showing,
" he had been confined to the town of Inver
ness, and liberties thereof, for ten months ;
and, after the payment of a good part of
his fine, was confined to his own house, and
a mile about it, where he had lived peace-

[BOOK II.

ably ; and all this for mere nonconformity,
as we have heard ; craving he might be per
mitted to come to Edinburgh about neces
sary affairs." The council grants him liberty,
upon giving bond, under the penalty of
ten thousand merks, to return to his con
finement betwixt and the first of August next.

That same day, July llth, the council
have before them a report of a committee
they had appointed for considering the case
of the prisoners after Pentland, and come
to the following issue as to this matter.

" The lords of his majesty s privy council,
having considered the report of their com
mittee for examining the prisoners in the
tolbooths of Edinburgh and Canongate,
upon the account of their accession to the
late rebellion ; bearing, that they have exam
ined the said prisoners, and thereafter con
sidered their own confessions, do find all of
them to come under one of these four
classes. 1. Some that are risen in arms,
and are, by their own confession, clearly
guilty of rebellion, and refuse the allegiance
and declaration. 2. These who are so
guilty, and are content to take the allegiance
and declaration. 3. These who have been
taken upon suspicion, that they have had
some accession, by resetting, abetting, or
otherwise complying, and nevertheless deny
they had any accession, and against whom
as yet there is no evidence or probation of
guilt, who refuse to take the declaration.
4. These who are in the condition above
written, and are content to take the declara
tion : in which several classes the committee
have placed the several prisoners, conform
to the lists thereof, given in. The said
lords having considered the said report,
with his majesty s letter, giving order for
sending such of the said prisoners as were
guilty, to the plantations, do ordain the per
sons contained in the first class, who are
clearly guilty of rebellion, to be sent to
Barbadoes with the first opportunity ; and
ordain a letter to be written to the secretary,
to endeavour to procure his majesty s par
don and favour for the two prisoners in the
second class : ordain these in the third class
to continue in prison ; and recommend to
the former committee to examine how and
by whom they were imprisoned, and to call

CHAP. II.]

OF THE CHURCH OF SCOTLAND.

these who did imprison them, to give evi
dence against them ; and ordain these in the
fourth class to be set at liherty forth of
prison, they taking the oath of allegiance
and declaration ; and such of them as are
able, finding caution to appear when they
shall be called, and to keep his majesty s
peace in the meantime ; and such of them as
are not able, enacting themselves to that
effect, under the penalties contained in the
laws and acts of parliament." By the regis
ters of August 1st, I find that Lauderdale
received this opinion of the council; and
acquaints them, as the king s will, that as
to Simpson and Rome of Beech, the two
spoken of, the king remits them to the
council, and approves of what they had
done, and leaves it to the council to deter
mine of all the commons that were in rebel
lion, as they shall think best for his service,
and the quiet of the nation ; reserving the
landed men, and such as are under process
for treason, to the due course of the law.
And this power, as to the commons, is after
wards explained, upon the council s desire,
of all the commons at Pentland, whether in
prison or not

At length a letter from the king, dated
August 13th, comes down, peremptorily
ordering the disbanding the army; see note.*
The peace with France, Holland, and Den
mark, had been concluded in the end of
July. The nation could not much longer
bear an army, at least acting as they did,
without ruin. A captain s place was now
as profitable as a good estate ; and no redress
could be got of the cruelties and injustice
committed by them, the privy council being
mostly made up of the army. By this the

* King s letter to council, August 23d, 1667.
CHARLES 11.

Right trusty, &c. We greet you well. The
great care we had of the honour and safety of
that our ancient kingdom, obliged us to raise
both horses and foot, in a proportion much
above what that kingdom could long bear ; and
now when God hath blessed us with so fair a
prospect of peace, that same care obliges us to
ease the country of so heavy a burden, as soon
as is possible: therefore we have thought fit
and necessary to acquaint you with our resolu
tion to disband all the horse (excepting the two
troops of the guards commanded by you, our
commissioner, and the earl of Newburgh), as
also the greatest part of the foot. \Ve shall

II.

presbyterians had a considerable
breathing, when, upon the event of
a peace abroad, they expected the utmost
rigour, and the bishops resolved it. The
forfeitures we have heard passed this month,
balanced the dissolution of the army, to
the two chief officers, Dalziel and Drum-
mond, and the rest behoved to be satisfied.
I am told the archbishop of Glasgow was
extremely chagrined at this step, and said,
" Now that the army was disbanded, the gos
pel would go out of his diocese." The king s
letter is very peremptory, and the army is
paid and disbanded, except two troops of
horse, and Linlithgow s foot guards. Now,
for a season, matters are managed by the
more moderate part of the council, Tweed-
dale, Sir Robert Murray, and others, under
the direction of Lauderdale.

When the army is removed, the next
question in council is, How the country shall
be kept in peace without the army ? Here
the two different parties in council acted
their different parts, according to their differ
ing views and designs. The bishops and
their party, who had managed all here for
some time, were violently for pressing the
declaration upon all suspected persons, and
no doubt quoted the king s letter of March
last, allowing this. Forfeitures and spoil
were now a little out of their present hopes,
but still that party continued to press the
harshest measures they had any prospect of
accomplishing, expecting such measures
might at length irritate the country, and
open a new door for violence and force. In
this their good friends concerned in the
army heartily joined them. The moderate
party, Tweeddale, Kincardine, Cochran, and

together with the orders for publishing the
peace, send particular orders for disbanding all
the troops, and as many of the foot as we shall
think fit : in the mean time, we have given
command to our commissioner of our treasury,
to use all possible endeavours for raising money
to pay these troops and companies so to be
disbanded : and we do require you of our privy
council, to be assistant with your utmost con
currences, in what shall be desired by the
commissioners of our treasury for that effect :
so expecting your obedience in so necessary a
work, we bid you heartily farewell. Given at
our court at Whitehall, the 23d day of August,
1667, and of our reign the 19th year. By his
majesty s command, LAUDERDALE.

90

THE HISTORY OF THE SUFFERINGS

[BOOK II.

1667.

Sir Robert Murray, who now had

the treasury in commission, with
such as joined them, proposed a bond of
peace to be taken and subscribed by all to
whom it should be tendered; and alleged
this would either be taken, and so the end
proposed was gained; or be refused, and
then the refusers, which they imagined
would be very few, would be exposed, and
every body would observe their unaccount-
ableness, in standing out against so reason
able and easy a demand. After abundance
of warm reasoning anent the two expedients,
the council came to state the vote, which
of them should be gone into, the declara
tion, or bond of peace. When the rolls
were called, Sir Peter Wedderburn clerk
to the council affirmed, the first expedient
carried. Sir Robert Murray contradicted
him, and the rolls were again called, and
the clerk affirmed a second time the decla
ration carried. Sir Robert a second time
contradicted him. Great heat arose, and
the chancellor blamed Sir Robert for ques
tioning the clerk s fidelity. He answered,
he would credit his own senses more than
any clerk in the world. And the rolls being
called, and the votes distinctly and narrowly
marked, it was found the bond of peace was
voted to be the expedient, by the plurality.
This council-day, September 13th, the
members were fully convened : both sides
had mustered their forces, and there were
present, " earl of Rothes the king s commis
sioner, archbishops of St Andrews and
Glasgow, duke Hamilton, marquis of Mon-
trose, earls of Kelly, Weems, Airlie, Callen-
dar, Annandale, Tweeddale, Kincardine, and
Dundee,* lords Drumlanerk, Sinclair, Coch-
ran, Bellenden, general Dalziel, lieutenant-
general Drummond, Sir John Gilmour lord
president of the session, Sir Archibald Prim-

* Thiswas John, third and last earl of Dundee.
He died in the summer of the following year
without issue, and the earl of Lauderdale
obtained a grant of his estate from the crown for
his brother Hatton. In 1684, Dudhope, the
family seat, was bestowed, as a reward for his
butcheries, upon John Graham, better known in
Scotland by the name of bloody Clavers ; who,
in 1668 was created viscount of Dundee, and in
the following year fell in the battle of Killicran-
ky. Scots Peerage, vol. i. pp. 446, 469. Ed.

rose lord register, Sir John Nisbet lord
advocate, the lord justice-clerk, Sir Robert
Murray, Sir James Lockhart of Lee, the
lairds of Haltoun and Niddry." The council,
after their debates are over, offer some pro
positions to the king, for the peace of the
country when the army is disbanded, that
after examination he may signify his pleas
ure thereanent; and they are as follow:
" 1st, That a proclamation be issued, bearing
a general pardon and indemnity to all, that
were in the late rebellion, except these that
are forfeited, or under the process of forfeit
ure ; as also all such, as since the late rebel
lion, have done violence to the persons of
ministers, invaded their houses, or robbed
and taken away their goods, the said persons
indemnified always coming in to such as the
council shall appoint, betwixt and a blank
day, and giving bond, and sufficient surety
for the peace, or otherwise give their own
bond and their oath, that they are not able
to find caution, at the sight of these who
shall be appointed by the council. 2dly,
That such noblemen and gentlemen, heritors
and feuars, who shall subscribe bonds for
blank sums of money, for themselves, and
their respective tenants and servants to keep
the peace; the said noblemen and gentlemen,
heritors and feuar, for their relief and secu
rity, shall have power and warrant to take
bonds from their tenants and servants for
blank sums of money, not to rise in arms
against, or without the king s authority ; and
not to buy any arms, or keep horses above
the value of threescore pounds Scots ; with
power to disarm their tenants, and if they
refuse to give bonds, as said is, in that case,
if they have no tacks nor rentals, that they
remove them from their possessions ; and if
they have standing tacks or rentals for years
yet to run, that they raise letters, and charge
them for that effect under the signet of the
privy council, for which these shall be a
sufficient warrant to the clerk thereof to
grant the same, and shall cause denounce
them rebels, and put them to the horn;
whereupon it is declared, that their masters
shall have the gift of their single, or liferent
escheat gratis, in so far as may be extended
to the rooms and possessions belonging to
their masters. 3dly, That a militia be set-

CHAP. II.]

OF THE CHURCH OF SCOTLAND.

91

tied, in that way that his majesty shall be
pleased to appoint. 4thly, That the king s
royal pleasure may be known, as to all no
blemen, gentlemen, heritors, and feuars,
who shall enter in bond for themselves, or
their tenants and servants to keep the peace,
and, if they need, to be pressed with the
taking- of the declaration. 5thly, That an
express order be sent for taking off the pro
clamation of the 2oth of March last for bring
ing in of horses and arms, as to all such as
have taken the oath of allegiance and de
claration, or have carried arms for his
majesty s authority against those in the
late rebellion." Upon the 8th of October,
the king s letter in answer to their proposals,
comes to be read, with a proclamation of
pardon and indemnity, dated October 1st.
This 1 have insert here from the register,
as follows:

" Charles, &c. Whereas you, having con
sidered of the best and most effectual ways,
for securing of the peace of that our king
dom, did, upon the 13th of September last,
offer to us five proposals, that after exami
nation thereof, we might signify our royal
pleasure and commands concerning them.
We have considered the said proposals, and
have thought fit to return you this our
answer, that we approve of the first proposal ;
and in pursuance thereof, we send you this
enclosed proclamation, which we require you
to publish in the ordinary way. We do
also approve the second proposal, and
require you speedily to give order for these
bonds from the noblemen, gentlemen, heri
tors, feuars, for themselves, and their
respective tenants and servants to keep the
peace, and for their relief as is expressed in
that proposal. As to the third proposal,
we shall give orders speedily for settling a
militia in that our ancient kingdom. In
answer to the fourth proposal, it is our
royal pleasure, as to the noblemen, gentle
men, heritors, and feuars, who shall enter
in bonds for themselves, tenants and ser
vants, to keep the peace, according to the
second proposal, that they be not pressed with
taking the declaration, enjoined by the act
of parliament for persons of public trust.
And lastly, in pursuance of your fifth
proposal, we do authorize you to take off

the proclamation, dated the 25th of .
March last, in relation to all such
as have already taken the oath of allegiance
and declaration, or who have carried arms
for our authority against those in the late
rebellion. These, we hope, shall prove
effectual means for securing the peace.
Yet, lest there should be any so malicious
as not to accept of this our gracious pardon,
and for the more effectual executing of what
is proposed, we do require you to advise of
the most convenient quarters for the horse
and foot yet standing, to the end they may
speedily march thither, and carefully observe
such orders as you shall appoint. We do
again repeat what we seriously recommended
by our last letter from Whitehall, concern
ing countenancing our archbishops and
bishops, and all the orthodox clergy. And
as we have here signified our pleasure about
your proposals for the quiet of the kingdom ;
so we are no less solicitous for the peace
and quiet of the church, recommending to
you, that all prudent and effectual course
may be pursued for the peace and quiet of
the church, for obedience to the good laws
made thereanent, and for punishing the
contemners and disobeyers of the same.
And so we bid you heartily farewell.
Given at our court at Whitehall, the first
day of October, 1667, and of our reign
the nineteenth year. By hjs majesty s
command.

" LAUDERDALE."

I find by the registers, that there hath
been heat among the counsellors upon
receiving of this letter, and the council do
not, as hitherto they never failed since the
restoration, order immediate publication of
the king s proclamation, but appoint a com
mittee to consider the letter and proclama
tion. To-morrow, October 9th, the council
order some alterations to be made in the
names of the excepted persons, in the
proclamation of indemnity. They find there

is no such person as Row chaplain to

Scotstarbet. They order Caldwell and
Kersland to be designed younger, Mr Trail
to be designed chaplain to Scotstarbet, and
Paton they order to be designed late
preacher, and Row s name to be scored out;

INI; HISTORY <n TIII-; SUFFERINGS

[HOOK II.

and then appoint the proclamation
to be print <!. I have subjoined it.*
This pardon and indemnity had tliis
remark made upon it by Home, when it
came out, tluit in the bMHH&9ff it pardoned
:ill, in the middle very few, and in the done
none lit all. After the amendments ncidr
upon this proclamation, which are censure*
on their own rashness and inconsidcratcncss
on their former acts, among the excepted
some still reniiiin dead, and otherH of t IK-HI
who were not, at 1 entland, as hath l>een
remarlied. In short, the reader will notice,
that the name lists almost, are in the procla
mation discharging harbour, the advocate s
commission for processing by forfeiture, and
these exceptions in the pardon. The excep
tions are very large, about sixty in number,
and include the persons of any consideration
almost, which they got notice of. These,

* Kind s jiartfim and indemnity to those in llie
rebellion, October, 1st, I (>(>?.

Charles, by the grace of (iod, king of Scot-
Ininl, I aijjland, I Yance. and Ireland. defender
<>l the faith; to nil ami tmndry our lichen ami
subjects whom ( In- ,r |>i . en i . !., ..I may concern,

;Mr. lin;; : I oi a-.n 1 1 li h UN it lii lli iteCII III WayN (Mil 1

greatest. care, that our good subjects may live iu
peace and happiness under our government, M>
we have, lor that purpose, been more desirous
to make i i-.,c of our mercy, to induce them t> a
dutiful submission ID our laws, than to take
ial notice, of nny disorders committed by

Kpeca
them,

MS the acts of indemnity and grace lately
granted by UN will witness. And the name
tenderness towards them still possessing us, in
order to tho.se who have been reduced and mis
led in the late rebellion and insurrection that,
appeared in some of the western shires, in the
month of November last, WO are resolved that.
our mercy to them shall far exceed our justice :
and therefore, out of our special grace and
favour, we do by these presents grant our full
and five pardon and indemnity to :dl persons
who were engaged in the said rebellion, or who
bad accession thereto, from all pain t>r punish
ment which by the law they are liable to for the
said rebellion, and for all deeds done by them in
tin- Name, or in relation thereto . excepting al
ways from this pardon, the persons and fortunes
of Colonel .lames \Vallace, major Learmont,
IMn \wcll of IMonrief younger, - M Lel-
I.MI of Hai Ncob, -- Cordon ot Parbrcck, -
Al I.elhm of llalmagcchan, - Cannon of
Bm t.shallorh younger, Cannon of Harley,

yonnr.ei . (. 11111011 ol IMordrog^ t Younger,
- \Velh of Scnr, \\elsli ..I ( ornley, __
(iordon of (.arreiy in Keils. h obert Chalmers
brother to Cadgirth, I lenry (iricr in Halmaclel-
l.m. David Slot in Irongray, John (iordon in
IMidtouti of Dairy, \\illiimi (iordon there.
.lohn INI Naught ih, i,. Robert nnd (iillxit
Cannons there, Cordon of .Bar, elder, in

with about forty exetmted, anl a hundred
killed, nnd a jjood many who died of their
wounds, do m.iUc up near a third part, of thn
people \vlio had been actually in the engage
ment at I entljind; and the rest were, such
whoso names they had not, come, to the
knowledge of, and generally mean country
people, whom they needed scarce, notice.
So the King s mercy in this indemnity does
not extend itself very far. The exception
of robbing ministers bouses, is cast in to
throw an odium upon all engaged in that
appearance. It hath been already noticed,
that at this time it was alleged, some of the
army, under the, mask of these honest
people, had been put upon this work; but
I can find no presbyterians engaged iu those
attacks. The last and greatest clog put
upon the indemnify is, the bond of peace,
with a clause of nouresistanco in it, which

Kilpatrick-durbam. Patrick M Nmightin Cuni-

nork, John M Naught bis sun, Gordon of

Holm younger, - Dempster of Carridovv,

. of Dargoner, of Sundiwall,

Hamsay in the Mains of Arnistoiin, John
Hutchison in Mewbottle, Patrick Linton in
Calder, William Liston bis HOII, James Wil-
kie in the Main* of Cliftoiihall, the laird of Cald-
well, the good-man of Caldwell, ytMinger, the
laird of Kersland younger, the laird of licdland-
(uningbam, - - I orterticld of (^uarrelton,

Alexander 1 orterliold his brother, Lockhart

of VViekctshaw, Mr - Trail, son to Mr
Hobert. Trail, sometime chaplain to Scotstarbet,
Duvid Poe in I okelly, INIr (abriel Semple, John
Semple, Ah John (iuthrie, Mr John Welsh,
IMr Samuel Arnot, M"r James Smith, Mr Alex
ander Pcdden, Mr Orr, Mr William Veiteb,

Mr , Paton preacher, Mr Crookshank,
IMr (iabriel Maxwell, IMr John Carstairs, Mr
James Mitchell, Mr William Forsyth, and of
all others who are forfeited, and who are under
process of forfeiture : as also excepting all such
who, since the late rebellion, have been accessory
to the, robbing of ministers houses, and commit
ting violences upon the persons of ministers, and
who shall be processed lor the same, and found
guilty thereof, betwixt and the first day of
December next en ,11111;; ; but with tluH express
condition always, that this pardon shall only
extend to such who, betwixt and the first day of
January next, shall make, their appearance
before Mich as are authorized for that etl ect, nnd
shall give bond and security for keeping the pub-
lie. IMM, < of our kingdom ; and that such of
them H8 shall give their oath that they cannot
find security and caution, give their own bond
for that purpose. And thiu our royal favour
and -.race, we appoint to be published at the
market-crosH of Edinburgh, and other loyal
burghs of these shirrs, (iiven at our court nt
\\hiiehall. the first day of October, one thou
sand six hundred and sixty-seven, and of our
reign the nineteenth year.

CD A I . II. |

OK TIU; ciimiri! or SCOTLAND.

rendered it ill Mlost Useless t<) any who hiul
boon ut 1 out land; and very low of them,
iw far as I hour of, look it. However, this
pardon, sneii as it was, tended to the quiet
of the country, and joinod vvitli (ho dis
banding of tlio army, which was by far tho
moro merciful and gncioui act, #avo a
little breathing to tho presbytorians in tho
west and south. Jointly with t his indcmnit y
tho council publish thoir act of tho same
date, containing tin- names of tho prisons
appointed by them in tho ditVoront shiros, to
tako ublOtiptionfl from snrh as claimed
benefit by this indemnity, and annex: the
copy of the bonds, with cant ion and without
it, required of thorn; which the reader will
iind below,* and ordor all tho prisoners at

* CouM il it net annul tltr imli -nin it>/, n<it/i the bond

of peace, October 9th, 1<><>7.
The lords of his majesty s privy council, in
pursuance of his majesty s graeioun plMMUTti
roni.imr.l iii his royul proclamation above-men
tioned, do give power, warrant, and commission
to the persons following, within tin; several
bounds and jurisdictions under-written, vi/.:
to the lord Lee, tho lairds ol Haploch, Corhouse,
C.mibn .uriluin, Jiii- John \\ hilclord and Mi-
John Hamilton oi Raith, sherllt -dcputc tor the
sherilldom of Lanark, tho master ol Corhran,
Sir John Cochran, tht; Lord Stair, Sir Thomas
Wallace of Craigie, Mr John Cunningham
advocate, Mr James Cunningham sheriff-depute
of Ayr, Mr Hugh Montgomery sherilV depute
of Renfrew, and \Villiam Cunningham Into
provost of Ayr, for tho shcrilVdoms of Ayr and
Kenlrew ; the master of Merries, the nherill of

(>all(vvay, the laird of IJaldoon, Maxwell

of Muns hes, and- Max well of \Voodhead,

for the sheriH dom of Wigton and Htewartry of
Kirkcudbright ; James Crichton of St Leon
ard s, the lairds of Craigdarroch and Wester-raw

Douglas of Mousehill, and Canuthers

of llowmains, for the sheritV<lom of Dumfries,
and Htewartry of Annandale, or any two of
them tor ilk shire and stewartry above specified,
iind to the lords of session, or any two of them,
for all the other hounds and shires of the king
dom, to meet and convene at the head burghs of
the respec.tivo nhireH and stewartrics, and the
lords of session to meet at Edinburgh* upon the
twenty-second and twenty-ninth of < Violin
instant, and tin first and last Tuesdays of hoth
the months of Novcmher and December there
after, and there to receive honds for keeping of
the peace, from all such persons as have been
accessory to the late, insurrection, and are now
to have the; henetit of his majesty s pardon, in
manner contained in his majesty s pnirliimation,
that is to say, bond and caution from all such as
are able to find caution, and that under Hiich
pains as the said commissioners, or respective

r minis thereof, shall appoint: and for such as
II make faith, that they are not abln to find
caution, that they accept from them their own
bonds, conform to the tenor of the bund hereunto
Niibjoinod : and upon the said persons sub.scrilMiir,

Kdinhurg h, to be dismissed upon
sii, r ninr tho bond.

That nuino day, tho council agree upon
tho bond of peace to bo dinned by nohlcnini,
<--ent lemon, heritors, and fenars, for them
selves, tenants, and servants, and make an
act thoroanont, which I have insert ho

of the. MM! I. mi. Is. ib.it the stud co
give a tentiticate under their handH, hearing that
they have -i"nrd the same, and are thereby to
h:n e I be lien. -lit of his majesty s pnrdou, con
tained in the loresaid proclamat ion : and ordain
all such bonds as shall be subscribed by the said
persons to beretnrned by the said commissioners
to the clerk of hin miijesty s council, that they
maybe insert and resist rate in the books thereof,
betwixt and the fifteenth day of January next.
And ordain these prcncnts, with the Raid pro< la-
m moti and bonds under- written, to be printed,
mid |Mi M i .bed by maccrs or messengers of arms,
at the market-rrosN of I Minbur^h, and at the
market-crosses of Lanark, Ayr, Henfrew, \V i^-
ton, Htewartry of KirkoudDflghtf Dumfries,
and other places needful, that none, pretend
ignorance.

PKT. WKDOKIIUURN, d. seer, concilii.

l- offiiws the tenor of tin; Iwtnl to ba sunscribi d In/

anc/i of llic rebels (is urcdblc to find caution,

I, A. 1!. bind arid oblige, me, that 1 Khali

keep the public, peace, and that I shall not. rise

in arms against, or without his majesty ri

authority, under all highest pains that may

follow, in case I shall do any thing in the

contrary: and for further surety, C. D. doth

bind and oblige himself as cautioner for me,

for my keeping of (.lie peace, and performance

of tin- obligemcnt fores-lid, under the pain of

to he paid in case 1 contra

vene tbes.-inie. Likens, in the case foresaid, the
said C. D. my cautioner, binds and obliges him,
his heirs and succensotN, to pay the forcnaid sum
to the commissioners of his majesty s treasury,
treasurer, or treasurer-depute, that shall happen
to be for the time, for his majesty H use. And
1 the s;inl A. 13. bind nnd oblige nu<, my hcirn

and lirrr ill s. |,> I rliiM- my ;i II I inlliT nl tile

premiseH, and of all damage he shall happen to
sustain therethrough, in any nort : consenting
these presents be registrnte in the books of
privy-council, that all execution necessary may
puns hereupon, in form a* e Heirs ; and constitute
our procurators. In
witness whereof, written by

wo have subscribed these presents,
at

I olhiics the bond to be subscribed by such as nrc

no/, able to find can I ion,

I, A. H. bind and oblige me, that. I shall
keep the public, peace, and that I shall not rise
in .nin. against, or without his majesty s
authority, under all highent pains that may
follow, in cane 1 shall do any thing in the con
trary : consenting these presents be registrate in
the books of privy council, that nil execution
necessary may pass hereupon, in form an elleirs:
and constitute my

procurators. In witness whereof, written by

I have .di , i il. <i
presents, at

THE HISTORY OF THE SUFFERINGS.

[BOOK II.

low,* and from it I shall set down
1667 here the tenor of this bond, which
at this juncture was very much pressed on
the west and south country, as it stands in
the register it runs : " I, A. B. do engage,
hind, and oblige myself to keep the public
peace, under the pain of a year s rent of all
and whatsomever lands and heritages per
tain to me, to be paid in case I contravene ;
and also I bind and oblige me, that these
who are, or at any time hereafter shall be
my men, tenants, and servants, during the
time they shall be men, tenants, and ser
vants to me, shall keep the public peace,
under the pains respective aftermentioned,
to be paid toties quoties y if they, or any of
them shall do in the contrar; that is to say,
of the payment of the full value of a year s
duty, payable to me for the time by the
tenant or tenants that shall happen to
contravene; and for my servants, in case
any of them shall contravene ; the full value
of a year s fee. Which sums foresaid, I
bind and oblige me, my heirs, executors
and successors, in the case foresaid, to pay
the commissioners of the treasury, treasurer,
or treasurer-depute, who shall happen to be
for the time, for his majesty s use: and

consent thir presents be registrate in the
books of privy council." I have before me
a good many other copies of the bond of
peace at this time pressed, which all agree,
and are only a little shorter than this taken
from the registers. And though the above
draught is that which was imposed by
authority, yet having ground to think that
what follows was the shape in which it w r as
offered up and down the country, I have
likewise added it: " I, A. B. do bind and
oblige me, to keep the public peace, and if
1 fail, that 1 shall pay a year s rent: like
wise, that my tenants and men-servants
shall keep the public peace, and in case they
fail, I oblige myself to pay for every tenant
his year s rent, and for every servant his
year s fee. And for the more security I am
content thir presents be registrate in the
books of council."

This short bond was framed, as were most
of the public papers of this time, so as it
became matter of warm debates amongst
conscientious and religious people, who
feared an oath, and, which are next to it,
bonds and subscriptions. The words were
so general, as, at first view, they seemed to
contain nothing contrary to the principles of

* Council s act about the bond.
The lords of his majesty s privy council, in
pursuance of his majesty s commands for secur
ing the peace of the kingdom, have nominated
and appointed the earls of Eglintoti, Dumfries,
and Loudon, the lords Coehran, Ross, and Stair,
for the shires of Ayr and Renfrew; the lord
duke Hamilton, the Marquis of Douglas, the
earls of Linlithgow and Wigton, and the lord
Lee, for the shir of Lanark ; the earls of Lin
lithgow, Annandale, Galloway, and the lord
Drumlanrig for the shire of Wigton, and
stewartry of Kirkcudbright, as also for the
shire of Dumfries and stewartry of Annandale,
with power to them, or any two of them, for
the said shires and stewartries, to appoint the
haill noblemen, gentlemen, heritors, and feuars,
of the said respective shires and stewartries, to
meet at the head burgh of the shire or stewartry
upon the days following, viz. the shire of Ayr
and Renfrew upon the last of this instant, the
shire of Lanark upon the 21th instant, and the
shire of Wigton and stewartry of Kirkcudbright,
shire of Dumfries and stewartry of Annandale,
upon the 7th of November next, and thereafter
to appoint their own diets, and there to offer to
them a bond agreed upon by the council, and
herewith sent subscribed by their clerk, to be
subscribed by them, for themselves, their ten
ants and servants, for keeping the peace, under
the penalty therein contained ; and grant powei
to all such noblemen, heritors, and feuars of
the said respective shires and stevvartries, who

shall subscribe the same, to require their respec
tive men, tenants, and servants, to subscribe a
bond for their keeping the peace, and relieving
them of their engagements. And for the said
noblemen, gentlemen, heritors, and feuars fore-
said, their encouragement to engage, as said is,
the said lords grant them lull power and war
rant, in case their said tenants refuse to bind
for their relief, to disarm them ; and if they
have no tacks or rentals, to remove them from
their possessions ; and if they have standing
tacks or rentals for years yet to run, give warrant
to the clerk of council upon their desire, to grant
letters to charge them to find the said caution ;
and if they continue disobedient, ordain them to
be denounced rebels, and put to the horn ; upon
which denunciation the lords declare, that the
said noblemen, gentlemen, heritors, or feuars,
their masters shall have the gift of their single
or liferent-escheat gratis, in so far as may be
extended to the rooms and possessions belonging
to them ; and ordain the said commissioners to
return the said bonds to the clerk of council, to
be by him registrate in the books thereof,
betwixt and the 15th day of January next : as
likewise the said lords give warrant to the said
commissioners to declare to such noblemen,
gentlemen, heritors, and feuars, as shall give
bond, as said is, that they shall not be pressed to
take the declaration, unless they be admitted to
places of public trust, conform to the late act of
parliament made thereanent. The copy of the
bond follows, see the body of the history.

CHAP. II.]

OF THE CHURCH OF SCOTLAND.

a presbyterian, and those who desired to
stand firm to the land s covenants: yet,
they were so ambiguous, as it might be
affirmed by the judge who tendered this
bond, that the subscriber did homologate
the present government, both in church and
state, so it became matter of dispute and
controversy among these who were opposite
to the bishops and their ways. To obviate
this ambiguity, an expedient was offered by
some, of a declaration of the subscriber s
sense and meaning, with a consent of the
imposers 1 to it; and a protestation taken
against the supposed unlawful meaning of
the words in the bond, -and all done by way
of instrument, in the hands of a public
notar, before witnesses. A copy of one of
these instruments, taken, or designed to be
taken, December 30th, 1667, for the paper
is only a double, I have insert below.*

* Instrument taken at subscribing the bond,

December 30th, 1667.
Apud penultimo die mensis Decerabris,

Anno Dom. millesimo sexcentesimo sexage-

simo septimo, regnique S. D. N. Regis anno

decimonono.

The whilk day, in presence of me notar
public undersubscribing, and witnesses after-
nained being called, compeared person

ally before and two of the

commissioners for the sheriffdom of
appointed by the lords of his majesty s privy
council, for receiving of the bonds for keeping
the peace, according to the act of council, dated
the 9th day of October last bypast, and there the
said declared that and he were come

to to tender the bonds for keeping the

peace to the persons therein concerned, and
therefore required the said to subscribe the

said bond, to which the said answered,

That he was most willing to evidence his respect
to authority, and to justify his loyalty to his
majesty upon every occasion, but declared,
though the expressions in the said bond of keep
ing the public peace, and not rising in arms
against, or without his majesty s authority,
being considered in themselves, seemed to import
nothing in the plain and genuine sense of the
words, but what is the incumbent duty of a
good subject, under a lawful and well governing
magistrate ; that yet he feared that bond, as it is
circumstantiate with time, place, persons, and
other circumstances, was intended for obliging
the subject, to approve of, and submit unto
prelatical government, arid to give obedience
unto all acts made, or to be made in favours
thereof, and to prelimit and restrict from acting
or doing any thing for extirpation of the same,
contrary to that sacred indissoluble standing
bond, the " solemn league and covenant," and
second article thereof; and if the said bond,
considered either in the substance or circum
stances, could bear such a sense, or be any ways
Interpret to import any such thing, he held it

Whether this method was fallen into

1667.

by many, or accepted by the persons
appointed to take subscriptions, I cannot
say. By the clause about nonresi stance in
this copy, it seems to relate to some con
cerned in Pentland.

Many papers pro and con, anent those
bonds of peace, were handed about at this
time. The hinge of the debates lies in the
import of keeping the public peace, and the
nonresisting clause in the printed bond,
annexed to the council s act above referred
to, which indeed defeat the pretended
design to these persons, and probably was
cast in by the prelates and their friends, as
knowing it would render the pardon very
much precarious. The question then was
plainly stated thus, Whether he who en-
gageth to keep the public peace, engagoth to
do nothing which may disturb or alter the

to be most sinful and perfidious, and utterly to
be refused : and also declared, that he likewise
feared that the said bond was contrived for
subverting and taking away all innocent self-
defence, and giving unlimited and arbitrary
obedience to persons in authority; and that such
sense would be put thereupon, as should ener
vate and overturn former bonds and engage
ments, and tend to the prejudice of religion,
liberties of the subject, and true peace of the
kingdom, and if so, the taking of the said bond
would be most sinful and unlawful, and therefore
he could not in conscience subscribe the same.
Whereunto the said replied, that the

said bond, neither as to the occasion, import, or
intent of it, did oblige to the approving of the
present establishment of episcopal government,
or giving obedience to the acts made in favours
thereof, nor did it relate to ecclesiastical affairs,
nor was it any ways contrary to former public
lawful bonds and engagements, nor inconsistent
with the covenant, nor did it condemn innocent
self-defence, nor imply any thing contrary to
the word of God, but only and simply obligeth
to that which is the duty and allegiance of every
good subject, and becometh every good Chris
tian; and that in taking of the said bond, there
was no ground for any of these fears mentioned
by the said unto which the said

answered, that since the said bond, according
to his judgment, did not imply nor infer in the
plain and common sense of the words, any thing
but what is the duty of every good and faithful
subject, under a lawful and well-governing
magistrate ; and seeing that the said
as one authorized with commission from the
council, had removed the grounds of his scruples
arid fears, by giving the explication and declara
tion before expressed, thereby removing from,
the said bond every sense, which could render
the same any ways inconsonant to the word of
God, or inconsistent with the covenant, but
making it very agreeable to both, he declared
himself willing to sign and subscribe the said

96

THE HISTORY OF THE SUFFERINGS

[BOOK ii.

present laws to which the public
peace plainly refers ? Or, Whether
the subscriber only binds himself to the duties
of righteousness commanded by the moral
law ? It was said upon the one hand, that
no more was in keeping the public peace,
but what we are antecedently bound unto
by the second table of the law : and, on the
other, it was urged, that when two persons
enter into a solemn treaty with each other,
they are bound, not only to all moral duties,
antecedently lying upon them, but even to
every particular in the treaty, and are to
keep by it, even though it be to their own
hurt, according to all articles and clauses in
it. The other branch of the debate anent
rising in arms, and resisting tyrants, or
subjects endeavouring to have unjust and
unrighteous laws repealed by arms, when
precluded of all other methods of redress,
both which had been done in Scotland more
than once, landed in long and nice reason
ings. People did divide in their judgments
and practices, as frequently happens in
dubious and debatable cases. Some took
it, and others refused it, under different
views of the extent, import, and meaning of
the words. Yet, for any thing I can learn,
there followed no alienation of affection
among presbyterians, but the greatest har
mony was kept up. It was good that this
trial did not last long; but our managers
within a little laid it aside.

Sir George Mackenzie, and the Jacobites
at this day, aggravate the wilfulness of those
who refused this bond of peace, from the
consideration of the general nature of the
terms in which it was conceived, affirming,

bond, as so signed and explained, protesting that
it should no ways be interpret to imply or infer
any thing but what is incumbent duty for him,
according to the word of God, and solemn
league and covenant : after repeating thereof to
the said again and again, he subscribed

the said bond, calling God to witness, and the
persons after-named, that he subscribed the same
in the plain safe sense thereof, declared by him,
and acknowledged by the said in man

ner before-rehearsed. Upon all and sundry the
haill premises, the said asked and

required instruments in the hands of me notar
public. These things were spoken and done
day, month, year, and place, respectively above-
specified, in presence of M. and II. witnesses,
specially called and required to the premises.

that there was no more demanded thereby,
than the ordinary surety of lawborrows ;
and that seeing any private man may force
his neighbour to give him such surety, much
more might the king, who had reason to be
jealous of their breaking the peace, from
their Lite rising at Pentland. A few con
siderations will abundantly show the insuffi
ciency of this reasoning. The more general
the terms were, the more ensnaring was the
bond ; because, when the managers of these
times had a mind to be at a man, they could
easily, upon the least shadow of ail offence,
bring him within so wide a noose. The
oath of the test was conceived in very gene
ral terms ; yet, as we shall see afterward,
when the earl of Argyle, at taking of it,
restricted its generality, by declaring he did
not mean to bind up himself (not) to wish or
endeavour any alteration he thought to the
advantage of church or state : he was here
upon sentenced to lose his head. The very
same risk did every man run at this time,
who subscribed the bond to keep the peace,
in case he had any such meaning, which it is
certain every conscientious man would have.
The instance of lawborrows by private men,
does not hit this case ; for, if any neighbour
oblige me to find surety to him, I can oblige
him, on the other hand, to find surety to
me : but in this case, when unlimited sub
jection was enacted by law, it had been high
treason to demand any such thing of the
king. In short, how much soever the late
rising at Pentland may be supposed to give
the king ground to be jealous that they
would break the peace ; it is as plain that
the government s former conduct to presby
terians, gave them better ground to be jea
lous, that it would give them the greater
provocation so to do.

That same day, October 9th, the council
form and agree to two acts. The one was
printed, taking off the restraint put upon
persons in the western shires, as to carrying
arms, by the proclamation dated March 25th
last ; and allowing such who take the oath
of allegiance, subscribe the declaration, or
have carried arms for the king against the
late rebels, as full and free liberty as any
other subjects, to have and carry arms:
declaring always that nothing in this dero-

CHAP. II.

OF THE CHURCH OF SCOTLAND.

97

gates in any ways from that part of the said
proclamation for the defence of the persons,
families, and goods of ministers. The other
was of more general consequence, and related
to persons disobedient to ecclesiastical
authority, which not being in print, I insert
here from the registers.

"The lords of his majesty s privy council
being informed, that there are many profane
persons, who are not only scandalous in
their lives and conversations, but being
cited before church meetings, to answer for
the same, are contumacious, and refuse to
appear, after lawful citation, to the great
contempt of ecclesiastical authority, as now
settled ; whereby open profanity is like to
abound and increase, and ecclesiastical gov
ernment and discipline like to be weakened
and suffer in the exercise thereof : therefore
the lords of his majesty s privy council, give
power and warrant to all magistrates and
ministers of justice within this kingdom,
upon intimation made by the bishops, within
their respective dioceses, to apprehend such
persons, and incarcerate them, until such
time as they shall find sufficient caution to
compear and answer before the church meet
ings authorized by law, as have cited them
for such scandals, whereof they are, or shall
be accused. With certification, that all
such magistrates and ministers of justice,
who shall refuse to apprehend and incarce
rate, as said is, shall be answerable before
the lords of his majesty s privy council, under
all highest pains."

This act was improven by the bishops far
beyond the letter of it, which seems to
restrict it to such as are openly profane.
And all who, as they called it, were irregu
lar, and did not subject themselves to their
authority and courts, when cited for their
not keeping the church, and the like, were
harassed and imprisoned; while, in the
meantime, papists and quakers, as we shall
see, were scandalously overlooked.

In November, the council agree to some
regulations and orders to the standing forces,
and record them, November 15th. They
are frequently referred to afterwards, and
are documents of the irregularities and
depredations committed by the soldiers upon

ii.

the country; therefore I have annex-
ed them.* Those regulations were
very little looked after by the makers of
them, and, generally speaking, as little

* Council s orders to the army, November 15, 16(J7.

1. The lords of his majesty s privy council
do ordain, that no trooper or soldier shall be
cashiered but by a council of war, and then
the causes to be recorded.

2. That no officer or soldier shall levy any
money from any of the king s subjects, by quar
tering or otherwise, but by express order in
writing from Sir William Uruce for the cess
and fines, the commissioners of excise, and others
authorized by acts of parliament, or convention
of estates for the respective dues, and ordain the
same be exacted orderly and regularly, as is
presented by the act of the late convention.

3. In wise any inferior officers, troopers or
soldiers, shall be necessitate to take their enter
tainment upon trust, ordain the same to be done
by direction of the chief officers present respec
tively, who are to engage to make satisfaction
for the same, conform to the said act.

4. If any disorder or abuse happen to be com
mitted by any horseman or foot soldier, ordain the
respective officers commanding in chief for the
time in the place, to cause them make satisfaction
for the same, or punish them according to justice,
or otherwise he himself should be answerable.

5. Ordain the officers of the several garrisons
to correspond frequently one with another.

6. Ordain the officers to correspond with the
noblemen and gentlemen of the country, for
getting sure information of what passes.

7. Ordain the officers to take such care and
keep such in their quarters, that they be not
surprised.

8. Ordain the chief officer of the foot in every
garrison to look to the securing of it, by in-
trenchments, barricadoes, and other necessaries
without molesting the people therein, and to
dispose of his posts and guards as he shall think
tit. And within the garrisons, if the chief
officer of foot be a captain, ordain him to com
mand both horse and foot, and give orders ; if
he be a lieutenant or ensign, then the lieutenant-
cornet or quarter-master of horse shall command
and give the orders.

9. When the horse and foot, or parties of them,
are together in the fields or any place out of the
garrison, ordain that he that commands the
horse, if he be a lieutenant, cornet, or quarter
master, shall command a captain or other infe
rior officers, and a brigadier to command an
ensign and all below him.

10. Ordain that the chief field officers of the
king s regiment of guards present, command in
chief, and give orders in field and garrison, to
horse and foot, wheresoever they are.

11. Upon intelligence of any people risen in
arms, ordain the horse and foot in the garrison
next adjacent (as thereafter is specified) imme
diately to draw out into the fields, and then the
chief officer present, in absence of the field officer
of the regiment, is to order or to take with him
such of the forces as he shall think fit, for sup
pressing of any insurrection, in manner follow
ing.

N

98

1667.

THE HISTORY OF THE SUFFERINGS

[BOOK II.

observed by the soldiers. That same

day the council form an act con
cerning 1 the forces, horse and foot, in the
shires of Lanark, Ayr, and \Y igton, to pre
vent abuses ; which I have likewise added.*

12. Kit shall fall out that any desperate peo
ple rise in arms in the lower ward of Clydesdale,
sheritt dom of Ayr and Renfrew, on la in, that
he that commands the horse at Glasgow, imme
diately on notice thereof, to send a party of horse,
or march himself with the whole horse lying in
his own garrison, according as he shall see cause,
to suppress them, by taking or killing such as
he or they shall rind in arms, without or against
his majesty s authority. And in that case
grants him power to command as many of the
i oot as he pleases, with competent forces to
march with him ; and if he judge it necessary,
with power to him, to mount some or all of the
musketeers on horseback, or dragoons to do all
military actions, as he shall command ; and so
by one or more parties, the haill horse and foot
in his garrison, he is ordered to seek out these
risen iti arms, ami attempt to defeat and destroy
the same, without staying for any further force.

13. As soon as he shall get any such informa
tion or alarm of people risen in arms, ordain him
forthwith to acquaint the lord chancellor, or, in
his absence, the lord convener of the council at
Edinburgh, with the same, as also the officers
of other garrisons.

14. And if his information shall be, that the
number of these risen in arms is greater than
that under his command, ordain him to com
mand the horse and foot in the other garrisons
to meet at a set time arid place, whither he shall
march with his own forces, or send them new
orders after he shall attempt to defeat and de
stroy these risen in arms, as aforesaid.

15. If there be such risings in the sheriffdom
of Wigton and Dumfries, or stewartries belong
ing thereunto, ordain the commander of the
horse at Dumfries, to do as is prescribed in the
twelfth and thirteenth articles; and ordain that
the chief officers within the other garrisons, who
shall receive intelligence, give orders to all the
horse and foot in the garrison, as he shall see
cause, till further order from the council ; and
in the upper ward of Clydesdale, ordain him that
commands the horse in Lanark, to command
and act in like manner.

16. Ordain and command all officers to take
exact notice of the premises, and in their several
stations to do every thing else, that may conduce
for the promoting of his majesty s service, with
special care and discretion. * Subscribed ul
sederunt*

* Act of Council about the Forces, November 15,

1667.

Forasmuch as the standing forces of horse and
foot are ordered to quarter in the shires of Lan
ark, Ayr, Dumfries, Wigton, and stewartries
thereof, and certain other places, till the council s
further order, and that, for levying and exacting
oi money, or for entertainment in their quarters,
or for the prices of corn and straw, there may be
abuses committed, which may occasion complaints
and grievances : therefore, and for preventing

But none of these were of any great use to
relieve the country from the abuses of the
army.

Upon taking- the bond of peace, by the
council records I find several of the gentle
men confined in the year 1665, liberate;
some upon a bond of cautionry, and some
without it. Upon the 21st of November,
Sir Hugh Campbell of Cesnock, James Dun-
lop of that ilk, and James Holburn of Men-
stry, petition the council they may be liberate
from their long- imprisonment in the castle
of Edinburgh, and beg their case may be
recommended to his majesty. The council
write a letter to Lauderdale, signifying they
were made prisoners by the king s immediate
order, and desiring the secretary may repre
sent their case, and that of others in prison,
to the king. In December a return comes
ordering them to be liberate, Cesnock giving
bond and caution for keeping the peace,
under a thousand pounds sterling, Menstry
and Dunlop under twelve thousand merks
Scots. The same day, I find the laird of
Blackston liberate by the council s act fol-

thereof, the lords of his majesty s privy council
do ordain and command, that no officer nor sol
dier shall levy any money from any of the burghs
or subjects, by quartering or otherwise, but by
express order in writing, from Sir William
Bruce, for the cess and fines, the commissioners
of excise, and others authorized by acts of parlia
ment or convention of estates, for the respective
dues; and ordain that the same be exacted orderly
and regularly, as is subscribed by the act of the
late convention ; and in case any inferior officer,
troopers or soldiers, shall be necessitate to take
their entertainment upon trust, ordain the same
to be done by direction of the chief officers
present, respectively, who are to engage to make
satisfaction for the same, conform to the said
act : and if any disorder or abuse happen to be
committed by any horseman or foot-soldier,
ordain the respective officers, commanding in
chief for the time, in the place, to cause them
make satisfaction for the same, or punish them
according to justice, or otherwise he himself shall
be answerable. And ordain the commissioners
of excise to put prices upon all the corn and
straw, at the ordinary and usual rates, as they
are sold within the shire, upon payment whereof
the sellers are only obliged to deliver the same to
the soldiers buyers thereof, who are ordered to
receive and carry the same from that place to
their own quarters, without troubling the sellers
therewith. And ordain the said commissioners
to make intimation hereof, by affixing copies of
the same upon the market-crosses of the several
burghs and shires, and parish kirks thereof, that
none pretend ignorance.

CHAP II.

OF THE CHU11CH OF SCOTLAND.

99

lowing. " Anent a petition presented by Max-
wel of Blackstoun, bearing 1 , That by order of
council, dated the 13th of December last, the
petitioner was committed prisoner to thetol-
booth of Edinburgh, and by a posterior act
transported to the castle, where he has ever
since been detained prisoner; therefore hum
bly craving to be set at liberty : The lords of
his majesty s privy council considering the
foresaid, and that the petitioner is not ex-
cepted out of the indemnity, and that there
is neither sentence nor process of forfeiture
depending against him, give order to set
him at liberty, he giving bond to keep the
public peace, under the pain of ten thousand
pounds Scots." And upon other applica
tions, I find another letter from Lauderdale,
January 22d, next year, ordering William
Ralstoun of that ilk, and Robert Halket, to
be set at liberty, upon their signing the
bond of peace, with caution: and major-
general Montgomery is to be set free, only
upon his parole of honour to keep the peace.
The council s act anent him is but short.
" Anent a petition presented by Robert
Montgomery late major-general of his ma
jesty s army, 1651, showing, That the peti
tioner having remained (excepting a little
time) now by the space of two years and
four months, with all silence and submission,
in the castle of Stirling,- and as, in the
knowledge of his innocency, he is confident
he hath failed nothing in his faithfulness
and loyalty to his majesty, so he is most
desirous to remove all suspicion of his car
riage for the future ; humbly therefore desir
ing that order and warrant may be granted
to the effect underwritten : we the lords of
his majesty s privy council having consid
ered the said petition, with his majesty s
pleasure signified anent him, give warrant to
the governor of the castle at Stirling, to set
him at liberty; and ordain him immediately
to repair to Edinburgh, and subscribe such
bonds acted in the books of council, for
keeping the public peace of the kingdom, as
they have ordained." Here the council go
some further than the king s pleasure signi
fied to them by his secretary. Meanwhile,
some others of the gentlemen, formerly con
fined without any reason given, are kept

under their confinements, such as

1667.

Sir George Maxwel of Nether-pol
lock, Cuninghamhead, and Rowallan; and
upon the 26th of November, this year, Sir
James Stuart late provost of Edinburgh, and
Sir John Chiesly, are, by the council s orders,
sent from their confinement in the castle of
Edinburgh, to the tolbooth of Dundee.
And, upon December 12th, I find Mi-
Alexander Smith, sometime preacher, ban
ished to Zetland by the commission for
church affairs, is ordered to be brought to
Leith, and presented before the council.
And Mr Hugh Peebles, late minister at
Lochwinnoch, in the shire of Renfrew,
confined to the north for several years by
the same commission, is allowed to go west
to order his affairs, upon giving bond of a
hundred pounds sterling, to answer the
council when called.

Little more considerable offers this year.
In July the council had passed an act against
papists, and recommended the execution of
it to the archbishops. By the registers
there appears a plain slackness in the arch
bishops, in all acts made against papists;
and many letters are writ to them upon
every such occasion, before any return can
be had, as has been remarked in the first
book. Another instance I give here. In
December, the council order the clerk to
write the following letter directed to the
two archbishops :

" Most Reverend,

" By an act of council of the penult of
July last, it was ordained, that a list of the
haill papists in every parish within the king
dom, should be made by the minister of
each parish where they live, and be returned
to the council before the second Thursday
of this instant, which is now elapsed: and
finding that the care of the business, which
is so important, is recommended to your
grace, as to all parishes and bishoprics within
your diocese, the council has recommended
to me to give you notice hereof, that a
speedy return may be made, that accordingly
they may proceed to the execution of the
acts of parliament made against papists;
and, in order thereunto, what commands

100

THE HISTORY OF THE SUFFERINGS

[BOOK II.

your grace shall think tit to send,
sliall be obeyed by
" Your grace s most humble servant,
" PET. WEDDERBURN."

The violence wherewith the two arch
bishops pushed on the persecution against
presbyterians, is the more aggravated by
their coldness in doing any thing which
might be hard upon the papists : it may be
a good reason also, and is an undoubted
proof of the great hazard we were in of
returning back to Rome ; yea, this and other
steps, taken now and afterwards, paved the
way for a papist s mounting the throne, and
the desperate plot of destroying the whole
reformation, so happily disappointed by the
bate happy revolution.

Upon the 12th of December, the council
emit a proclamation against the known book,
entitled " Naphtali, or the Wrestlings of
the church of Scotland." It is ordered to
be burnt, and all copies of it are ordained
to be brought in to the next magistrates,
against the 1st of February next; and any
who have copies after that, are to be fined
in ten thousand pounds Scots, The book
was compiled by two very great men ; the
reasoning part of it was done by one of the
best lawyers of his time Mr (afterwards
Sir) James Stuart of Goodtrees, whom we
shall meet with frequently in the following
periods ; and the historical part by a very
Avorthy minister, the reverend Mr James
Stirling, minister of the gospel at Paisley.
An answer was published to it by bishop
Honeyman ; but he evidently weakened the
cause he undertook to defend, and was
taken up, with great strength of reason, by
the foresaid Mr Stuart, as were some other
authors of his kidney, in that useful book
Jus populi vindicatum. Thus I have gone
through the sufferings immediately succeed
ing Pentland, and the state of things this
year, till the indemnity stopped a little the
persecution. In this calm, Mr Alexander
Dunlop, and Mr James Fergusson, two
eminent presbyterian ministers, died.

CHAP, III.

OF THE STATE AND SUFFERINGS OF PRESBY
TERIANS IN THE YEAR 1668.

IT hath been said just now, that
the presbyterians had a calm after
the indemnity. This must only be under
stood comparatively with the rigour used
immediately after Pentland, and the severi
ties of the army, and the many executions
then so common. The same spirit of per
secution raged in the ecclesiastical state.
Indeed the king s change of hands did not
permit them to run their full length, as
heretofore ; yet, now and then, during this
and some others of the more easy years to
the Whigs, some very sharp documents
were given, that the same bitter temper
remained.

Many were the occasions of the lenity of
the present managers. Just clamours were
raised from all the corners of the country,
of the severities of Sir James Turner, Bau-
nantyne, and the army, and it was popular
to take a contrary course. The king had
changed his cabinet-council in England, and
laid aside some of the highfliers. The
constancy and religion of the sufferers had
left such impressions on some, that, I am
told, the earl of Dumfries said openly in
council, " that if they went on to take away
more lives, all Scotland would turn such
fanatics as these people were." In short,
the bishops more and more discovered their
cruel and selfish temper, and were generally
disliked; and such who had public affairs
among their hands, were neither so much
under the prelates management, nor so
violent in their temper, as the former set.
They believed an injury and act of injustice
might be done against a Whig as well as
another subject, and did not altogether re
gulate themselves according to the maxim
laid down now for near seven years, that
nothing done against a presbyterian could
be wrong ; yet presbyterians were far from
being overlooked, and wanted not their
difficulties, as shall be noticed. Yea, some
were pleased to think, that the managers
might have discovered their zeal ngainst

CHAP. III.

OF THE CHURCH OF SCOTLAND.

101

popery better, than by the boring- the tongue
of a fellow of no good reputation indeed,
for saying, what many now jealoused, (sus
pected) and every body afterwards saw,
that the duke of York was a papist. This
chapter then will naturally fall into two
halves. The stop put to the severities in
the former period, by some of the persecu
tors their being- called to an account ; and
the remaining- sufferings of presbyterians,
with their state and circumstances during
this year. I begin with

SECT. I.

Of the councifs inquiries into Sir James
Turner and Sir William Bannantyne
their cruelties and oppressions.

IN the beginning- of this year, the council
came to inquire into the carriage of Sir
James Turner and Sir William Bannantyne ;
and I shall give the account of their proce
dure mostly from the records. Had a joint
inquiry been made into general Dalziel, Sir
Mungo Murray, and others procedure, as
great, if not greater oppressions, might have
been found.

To deduce Sir James Turner s examina
tion from its rise last year, I find a letter
from the king, November 26th last, signify
ing to the council, " that he had received
divers informations of many illegal execu
tions by Sir James Turner, during his com
mand in the west, and therefore he orders
them to inquire into that matter, and
report." That day the council appoint the
lords Halkertoun, register, advocate, justice-
clerk, lord Cochran, lieutenant-general
Drummond, and Sir Robert Murray, to try
Sir James, and report to them. The report of
this committee lands in a commission from
the council, December 8th, " to the earl of
Nidsdale, lord Kenmure, the laird of Craig-
darroch, and some others in the south, to
make trial of the actions of Sir James Tur
ner, what sums of money, bonds, moveables,
and goods, were exacted, levied, and uplifted
by him, or any under his command ; what
was the soldiers carriage in the said exac
tions, what free quarters were taken ; and
his haill carriage in the shire of Dumfries,

and stewartry of Kirkcudbright, and
report." Before this committee,
abundance of gentlemen and others appear
ed, gave in informations, and adduced wit
nesses, clearly proving a great many grievous
and atrocious things against Sir James and
those under his command, which were so
many evident vindications of that poor
oppressed corner their rising in arms, and
evidences of the necessity they were laid
under so to do. Some of them have been
pointed at, and particulars would be endless.
As the best account I can give of this affair,
I here insert a copy of the report given in
to the council by their committee, as the
issue they came to in this matter, February
20th, 1G68, which they transmit to the king.

Apud Edinburgh, vigesimo die mensis

Februarii, 1668.
Report anent Sir James Turner.

" The committee appointed for trial of Sir
James Turner s carriage, having given in
their Report, bearing, That, according to
order, they having met upon the 28th of
November bast, drew up fit queries and
instructions concerning it, and orders to
some gentlemen in the west, to take informa
tion of all sums of money exacted by Sir
James, or his order, for fines, cess, or
otherwise, and of all his deportments : and
to be sure of a speedy return, sent Thomas
Buntine with letters, and the orders above-
mentioned, appointing him to attend the
prosecution of them, and bring back the
reports ; which accordingly he did, before
the 10th of January.

" The committee did thereafter deliver
to Sir James, a paper containing some
grievances drawn out from the stewartry
of Kirkcudbright only, those in the other
shires not being so clear and full. They
allowed Sir James to see all the reports
in the clerk s hands, and enjoined him to
give in his answers in writing, the 17th
instant, which he did. And the com
mittee having read and considered all, and
examined Sir James upon every point that
occurred, after a full debate, agreed to
offer to the council their humble opinion,
that the council do, in obedience to his
majesty s commands, transmit to the secre-

102

THE HISTORY OF THE SUFFERINGS

[BOOK II.

tary the following report, to be
communicated to his majesty.
" The lords of his majesty s privy council
did no sooner receive his command in his
gracious letter, of the 21st of November
last, for taking exact information of Sir
James Turner s deportment in the west, but
they ordered and empowered a committee of
their number to inquire diligently thereinto ;
and by their report it appears, that upon
informations from the stewartry of Kirkcud
bright, given in upon oath of parties, or their
masters or neighbours, many illegal exac
tions have been made, and disorders com
mitted, such as,

" lino, Quartering of soldiers, for levying
of fines and impositions. 2do, Exacting
cess, or quartering-money, for more soldiers
than were actually present, sometimes for
double the number, or more; and that
besides free quarters for those present,
sometimes eightpence, sometimes twelve-
pence, sometimes sixteenpence, and some
times more for each man. 3tio, Cess
exacted for divers days, sometimes eight,
ten, or more, before the party did actually
appear. 4to, Imposing of fines, and quar
tering, before any previous citation, or
hearing of parties. 5to, Fining without due
information from ministers. 6to, Fining
such as lived orderly, as appears by minis
ters certificates. 7mo, Fining and cessing
for causes, for which there are no warrants
from acts of parliament or council ; as, Imo,
Baptizing of children by outed ministers.
2do, Baptizing by neighbouring ministers,
when the parish church was vacant. 3tio,
Marrying by outed ministers. 4to, For
keeping of conventicles. 8vo, Fining for
whole years preceding his coming to the
country, and that after they had begun to
live orderly. 9no, Fining fathers for their
daughters baptizing their children with outed
ministers, though forisfaniiliate six months
before, and living in another parish. lOmo,
Fining, without proportioning the sum with
the fault. 11 mo, Fining in whole parishes
promiscuously, as well those that lived
orderly, as those that did not. 12mo,
Fining whole parishes, where there was no
incumbent minister. 13mo, Fining one that
lay a year bedfast llmo, Forcing bonds

from the innocent. 15mo, Cessing people
who were not fined. lOmo, Taking away
cattle. All those actings are illegal.

" Misdemeanors of other kinds were,
17mo, Agreeing for tine and cess both in one
sum, whereby accounts are confounded.
18mo, Not admitting of complainors, who
were cessed, to come to his presence,
alleged to be his constant practice. 19mo,
Permitting his servants to take money for
admitting people to him, and yet access
denied. 2Umo, Increasing the number of
quartering soldiers after complaints. 2 Imo,
Exacting money for removing of soldiers,
after cess and fines were paid. Every one
of the foregoing articles was made out by
information upon oath, which yet doth not
amount to a legal proof; which in most of
those cases will be difficult, if not impossi
ble, to obtain, in regard that no witnesses
can be had, that are not liable to exception,
unless by examining officers, soldiers, and
servants, which would take up much time
and labour.

u Sir James Turner s defences, as to such
of the foregoing articles as he acknowledged,
are commission and instructions from the
then lord commissioner, for quartering, to
raise fines, for fining those who forbore
going to church, or married or baptized by
outed ministers, or kept conventicles, and
that upon the delations of credible persons,
and to prefer them to those of ministers ;
but he does affirm, that all the commissions
and instructions were taken from him by the
rebels, when he was made prisoner, and so
hath nothing to show for his vindication.
And for all the other heads above-written,
he either denies matter of fact, ascribes the
transactions to others, or pleads ignorance.

" The sums of money received for fines
and cess, and bonds taken, he acknowledges
to have amounted to thirty thousand pounds
Scots. The sums charged upon him by the
country, besides quartering, come to about
thirty-eight thousand pounds Scots ; W 7 herein
is not reckoned what was exacted from any
of those who rose in rebellion, and some
parishes whence no information was re
turned.

" And as to his surprisal he says, Imo,
He had but sixty-six foot in those parts

CHAP III.]

OF THE CHURCH OF SCOTLAND.

103

under his command. 2do, That they were
all dispersed through the country about the
fines, so that there was not so many left
with him as to keep guard at his lodgings,
nay, not so much as one soldier before the
gate. 3tio, That he had no order to keep
a guard about him, or to fortify himself,
although there be a strong house within the
town, called the Castle, to which he might
have retired with some thirteen soldiers,
who came in that night before he was taken.
4to, That he had intelligence, there was a
rising in the country; and that a corporal of
his was wounded by a shot, who told him,
there were divers persons got together, who
had intelligence from the north of a rising
there, with an intention to march to the
citadel of Ayr, and to seize the citadel, and
arms which had been taken from the coun
try. 5to, That about midnight he wrote to
George Maxwel of Munshes. Gto, He sent
orders to more of his soldiers to meet the
next morning, intending towards New Gal
loway where the rising was reported to be.
7mo, That he had risen about six of the
clock that morning, but, being indisposed,
lay down, and when up in his nightgown,
about eight of the clock, he was surrounded
and taken.

" This is all that is to be expected from
his majesty s information concerning Sir
James Turner: as to what further concerns
the money he mtromitted with, it may be
looked after according as his majesty shall
appoint.

" The lords of council having heard and
considered the foresaid report, do approve
thereof, and ordain an extract of the same
to be transmitted to the secretary, to be
communicated to his majesty." From this
report we have a pretty fall view of this
matter; and when we consider this report
comes only from the stewartry of Kirkcud
bright, and some parishes in it, and takes in
nothing of the oppressions which concern
the persons who were actually in the rising,
it will appear how vast sums were uplifted
in the shires of Dumfries and Galloway.

March 10th, the council have a return
from the king, wherein he tells them, he
had considered the above report, and thinks
fit to declare his pleasure, that Sir James

1668.

Turner be no more an officer in
his service. He orders the coun
cil to call for him, and receive up his
commission, and to call Sir James, Sir
William Ballenden, and others, to an
account for the money and bonds uplifted
by them for church tines, to the end, that
what is unjustly taken, especially bonds,
be given back, and what remains may be
employed in charitable uses. The same day
Sir James appears before the council, and
delivers up his commission to be a major,
dated February 12th, 1664, and his other
commission to be a lieutenant-colonel, of
the date July 28th, 1666. And to give the
whole of this account together, upon the
7th of May, the committee of council
appointed to examine Sir James s accounts
of money and bonds uplifted for church
fines, gave it as their opinion, that seeing
there would be difficulty to prove the
charge, given in by the country, of thirty-
eight thousand pounds, or thereby, against
Sir James, the charge of thirty thousand
pounds ingenuously confessed by him, be
admitted without further inquiry. And
as to the first article of his discharge, a
thousand pounds sterling for quartering;
they are of opinion it should be allowed,
since it was usual in such cases. That
the second article of his discharge, ei^ht

O " O

thousand one hundred and fifty pounds
Scots of bonds taken, and delivered in to
Alexander Keith, be likewise allowed. That
his third article of an hundred and fifty
pounds sterling, as his charges, by his going
and coming to Edinburgh, be allowed con
sidering his losses when made prisoner at
Dumfries. His fourth article, of forty
pounds sterling given to some ministers,
likewise allowed; and some other smaller
articles, for shortness, here omitted : and his
last article of six thousand merks taken
from him when prisoner, the committee
give it as their opinion, being persuaded of
Sir James s ingenuity, that it be admitted.
The council approves, and discharges ac
cordingly. It will be easily perceived, the
council and their committee do not go the
length of summumjus with this gentleman.
His defences are much the same before the
king s council, with these he made to

104

1668.

THE HISTORY OF THE SUFFERINGS

[BOOK II.

colonel Wallace s council of war.

He urged his orders from the com
missioner, and letters from bishop Sharp
and other bishops : and if he was to be be
lieved in his own cause, his severities were
not by far so great as his instructions bore
him to. However, to stop the clamour of
the country, it was thought proper to remove
him from his posts, and many were of
opinion, his commissions were so large as
he ought not to have received them.

I wish I could give as full an account of
the inquiry made anent Sir William Ballen-
den or Bannantyne s oppressions, and illegal
exactions : but I find only one very general
article anent him in the council registers,
and I shall begin with it, and then give
what I meet with concerning him in other
papers come to my hands. In prosecution
of the king s letter, dated March last, order
ing a trial to be made of his carriage, he
was imprisoned, and a committee appointed
to examine his accounts; and upon the
4th of August, the council come to pass the
following act about him: " The lords of
council, considering the complaints given in
against Sir William Ballenden, and the an
swers given thereunto, do fine the said
Sir William in the sum of two hundred
pounds sterling, allowing to him a precept
drawn by the lords of the treasury for one
thousand three hundred merks which he
answered: and in respect the said Sir
William hath exhibited all the bonds and
papers taken by him in Galloway, and given
sufficient caution to remove off the kingdom
betwixt and the first of September next, and
not to return without special order, under
the penalty of five hundred pounds sterling,
do assoilie the said Sir William from all
other pains and punishments that might
have followed upon the said complaint."

This sentence was reckoned exceeding
soft and favourable to Sir William; far
greater outrages had been laid in against
him than against Sir James Turner. The
gentlemen of Galloway gave in libels and
very full proofs of his horrid extortions, fil-
thiness, rapes, and cruelty. Some parts of
his carriage have been noticed, and many
more might be here added. He made great
fires, and laid down men to roast before

thorn, when they would not, or could not
give him the money he required, or the
informations he was seeking. It was fully
proven, that among other barbarities, ho
was perfectly inhumane to a gentleman in
Galloway. He is not named in this account
now in mine eye; but from what is above I
guess it to be Gordon of Largmore. The
gentleman had been at Pentland, and
through his wounds there, and hardships
before he got home, he fell very ill, and was
at the point of death, when Sir William
orders him to be brought to him dead or
alive. The party brought with them a
cart, knowing the gentleman could neither
ride nor walk, and tell him he must now go
with them. He raised himself a little
upon his bed and told them, He now defied
Sir William and all his persecute rs, and
forgave them, adding, that very shortly he
would be in better company ; and then
leaned down again, and in a very few
minutes died.

These things could scarce prevail with
many of the members of the council, to im
prison Sir William, until some of the
gentlemen offered to prove some treasonable
speeches against him, tending to incite them
to a new rising, and that he professed him
self willing to join with them. The secret
of this we have already heard of; and it was
the project of the party, who were for
keeping up the standing army, but durst not
now be owned. Upon this he was impris
oned, and got this part of the libel shuffled
by, by confessing some expressions tending
this way, as uttered by him with a design to
expiscate the designs of the Whigs: and
shortly he is set at liberty, and the former
fine imposed, and act of banishment passed
against him. Away he flies to court, and
there puts the best face he could upon
matters, with the help of his friends, whose
interests he had served in Scotland: but
his old masters could not prevail with
Lauderdale to remit the fine. It is said
upon this he undertook some wicked design
upon that nobleman s life ; but the particular
vouchers of this I have not seen. It is
certain he was obliged to leave the king s
dominions. He went over to the army now in
the Low Countries, and served in the siege

CHAP. III.

OF THE CHURCH OF SCOTLAND.

105

of Grave, and was there killed. It is added, |
that as he was walking very negligently with- j
in the reach of the cannon of the town, some !
called to him to take care of himself, for he !
was too near. He answered, " Cannons
kill none but fey* folk." He had scarce
said so, till a cannon hall came upon him,
and carried out his heart some distance
from his body ; which was sadly agreeable to
a wicked imprecation too ordinary with him.
This melancholy end of this wicked per
secutor, brings to my mind a pretty remark
able judgment upon two of the same kidney,
though far inferior to air William in wicked- j
ness or quality. David M Bryar an heritor I
in the parish of Trongray, and member of
Middleton s parliament, who was to have j
witnessed some points of alleged treason, in
his minister Mr John Welsh his sermons, ;
about the time of Middleton s parliament, !
and turned after that a violent persecutor, was j
evidentlyfro wned upon in providence as to his j
business : his substance was sensibly blasted, j
and in a few years he fell into great difficul- j
ties ; so that being in hazard to be laid up j
for debt, he was obliged to skulk amongst
his tenants, and hide the best way he might.
About this time one John Gordon, a north j
country merchant, just such another as j
M Bryar, came south to agent the business |
of a curate in that country, who had come |
from the north. Gordon, when at Dum- i
fries, had borrowed Mr Chalmers, curate I
there, his sword, and when travelling through j
Irongray, he met Mr M Bryar in the fields, j
looking very melancholy and dejected. Gor
don presently concludes him to be a whig,
and requires him to go with him, as a sus
pected person, to Dumfries. The other,
after some shifting answers, refused, fearing
only the prison for his debts. This shyness,
without a reason given, made him the more
jealoused (suspected) by Gordon, who draws
his sword, and told him, he would force
him to go with him. M Bryar, either in
resisting or running, is killed, being run
through the body, and died on the spot.
The other made no secret of his having
killed a whig, to the people about. When

* Fey, silly, deranged. Ed.

ii.

they saw the dead body, they knew
Mr M Bryar, and seize Gordon,
and carry him into Dumfries, where pres
ently, by sentence, he is hanged, for murder
ing a man as honest as himself. This strange
incident made the country people say, it
was a cursed thing to harass the whigs :
and indeed a holy providence appeared in it,
making one persecutor to cut off another.

When the council have Sir James Tur
ner and Sir William Bannantyne before
them, honest people began to hope they
might be heard in their complaints, against
some others who had illegally oppressed
them. Therefore some persons in Ayr,
particularly bailie John Ferguson, and some
others, gave in a charge against William
Cuningham provost of that town, containing
many acts of riot, injustice, and oppression,
alleged to be committed by him. Cuning
ham makes his interest with the archbishop
of Glasgow, and so comes into Edinburgh
with confidence enough, and not ill founded:
for after his accuser had been at the charges
of taking in forty witnesses and upwards, to
prove his libel, and was just about to table
it, he is told by some of the members of
council, that unless he agreed with the
provost, and dropt this design, the declara
tion would be put to him. His throat not
being wide enough to swallow this, he was
obliged to withdraw, and hold himself quiet.
Great were the discontents that Bannan
tyne was so easily passed, and inquiries
into the carriage of others thus were frau
dulently stopped. However, the notice
taken of these two made presbyterians take
a little heart, and sermons were some more
frequent than formerly. But I go forward to

SECT. II.

Of the procedure against presbyterians this
year, the bond of peace, severities against
outed ministers, Mr MitcheVs first attempt,
and some other matters.

HAVING thus given some account of the
notice taken of some of the instruments of
the severities against presbyterians the for
mer years, 1 come now to take a view how
matters went with themselves through this

106

THE HISTORY OF THE SUFFERINGS

[BOOK II.

year, and that as much in the order I
of time as I can now recover. I
may begin with some further account of the
bond of peace, and the circumstances of |
the sufferers as to that. When it was
imposed in the close of the last year, the
persons required in several places, did not
meet in order to the signing of it. I find
particularly, December 4th, the heritors, and
feuars of the barony of Glasgow, did not con
vene ; and the council appoint the archbishop
of Glasgow and marquis of Montrose, to see it
done against the first of January. Upon the
backwardness of people to it, the council write
to the king, for his orders what to do now :
upon the running out of the time fixed in
the indemnity, and anent the bond of peace.
Upon the 16th of January, the king s letter
anent the indemnity and bond, comes before
them ; which I insert here.

" Right trusty, &c.

" Having received full information of your
care and diligence for providing of money,
and disbanding the new troops, as also for
appointing the bond to be signed for keep
ing the public peace ; we do return you our
hearty thanks : and whereas we are informed,
that divers do neglect or refuse to sign
those bonds, in some of the shires, we do
require you to send us a particular account,
who have signed the bonds in the several
shires where they were appointed, and who
have neglected or refuse to sign ; and if any
have neglected or forslowed that necessary
service : as also, who of those that were
accessory to the late rebellion, have accepted
our gracious pardon ; and in what places the
same hath been slighted ; together with your
free opinion what is further necessary to be
done, in relation to security for the peace,
and what course is fittest to be taken with
these of the late rebels, who have slighted,
and not accepted our gracious pardon : but
above all, we most especially recommend
to you to use all possible means and endeav
ours for preserving and settling the public
peace under our authority, and with special
care to countenance and maintain episcopal
government, which in all the kingdom we
will most inviolably protect and defend.
You must by all means restrain the gather

ings of the people to conventicles, which are
indeed rendezvouses of rebellion; and exe
cute the laws severely against the ringleaders
of such faction and schism ; and return to us
your very free advice, wherein you need our
more particular commands for those ends.
We did lately recommend to you, the order
ing of our troops and companies to such
places as you should think most convenient,
and we appointed who should command
them, in absence of our chancellor: and
now considering how needless a general is
to so few troops, we do think it fit to inti
mate our pleasure, that our commission to
our general, in that our kingdom, and all
other general officers, be recalled; being
resolved to appoint general persons where
we have an army. And in the mean tinu
you are to give orders to the command
ers of our troops, as you shall find expe
dient for our service." It took some time
before the council could return an answer
to all the particulars in this letter : so upon
the 27th of February, I find they make the
following return to Lauderdale, which, as
containing a very distinct account of the
state of the country, anent the indemnity
and bond of peace, I insert it here.

Apud Edinburgum, 27mo mensis Februarii
1668.

" In obedience to his majesty s commands,
a committee was appointed; and by them
order was given for bringing in an exact
account of these who have signed the bonds
for keeping the public peace, who have
neglected the doing thereof, who of those
in the late rebellion, have accepted of his
majesty s gracious pardon, and who have
slighted the same. By their report it ap
pears, there are few or none of the consider
able heritors in the several shires, who
were appointed to sign the bond, have not
signed the same, except such who had for
merly taken the declaration, or whose con
stant residence was not within the shires,
and did not apprehend themselves obliged
thereunto.

" As to those accessory to the late rebel
lion in the shire of Lanark, one hundred
and forty-seven have taken the benefit of
his majesty s gracious pardon, and signed

CHAP. III."

OF THE CHURCH OF SCOTLAND.

107

the bond for their future deportment ; and
one hundred have not. In the shire of Ayr,
fifty-seven have taken the bond, and seventy-
two have not. In the stevvartry of Kirk
cudbright and Dumfries, fourteen have taken
the bond, and one hundred and twenty-eight
have not.

" The whole number of those who have
come in upon his majesty s gracious pardon,

nesses, and in their presence made
payment of the sum of fifty pounds
Scots ; and in case of resistance, complaint
being made to any of the magistrates fore-
said, that they cause the horse be delivered
to the person who seized the same, with
out payment of any price therefore, and
otherwise punish him in whose hands the
horse was found, in his person, at their dis-

being two hundred and eighteen, and of cretion.

those who have not embraced it as yet,
three hundred, who, for the most part, are

2do, Because, through the absence of
those persons who were appointed to take

the bonds from the rebels, by reason of
their sickness, or their being at Edinburgh
attending lawsuits in the time of the term,
the meetings for subscribing were not so
timously, nor so punctually observed, and
that many of the rebels themselves Avere

very mean persons, a.s servants, subtenants,
and craftsmen ; and the remanent who were
in the said rebellion, were either killed in
the field, or publicly executed, or are since
dead, or fled out of the kingdom.

" As to the further securing of the peace

and quiet of the kingdom, it is our humble j fled the country, or lurking in obscure
opinion, Imo, That his majesty may be j places, and so did not know of the several
pleased to grant warrant for issuing a pro- diets, before the time was elapsed, and that
clamation, discharging all such who have divers was come in since, and others may ;
not subscribed the said bond for keeping \ it is our opinion, that all that have or do
the public peace, to have or wear any arras, 1 accept of the pardon, and sign the bond
sword, dirk, or whinger, or any other what- ! before the intimation of his majesty s further
somever; or to have or keep any horses i pleasure to the council, may be admitted
above the value of fifty pounds Scots, after a j thereunto, and that his majesty may be
certain day to be affixed ; and that a power j pleased to signify his pleasure accordingly,
and warrant might be given and granted to | " Stio, That his majesty may give warrant

all sheriffs, Stewarts, bailies of regalities,
magistrates of burghs, justices of peace, and
all magistrates whatsomever, to search for,

for a proclamation, M herein the names of
all such of the rebels, as shall not then have
taken the bond, may be insert; and that

and seize upon all arms in the possession of I magistrates, and others his majesty s judges,
such persons and to exact ten pounds Scots, j and officers in burghs and landward, may be
toties quoties of the haver or wearer of such j commanded upon their allegiance and duty,
arms, the one half to be given to the discov- i to seize and apprehend them, and present
erer, and the other half to be disposed | their persons to justice ; and that all heri-

upon by the judges, as they shall think fit.
And further, that they be empowered to
seize upon, and intromit with all horses
which shall be found in the possession of
those persons, above the value of fifty
pounds Scots, paying the said sums always
to the party : and that also, by the said
proclamation, it may be declared lawful for
any person whatsomever, who knows of
any horses in such hands, above the said
value, to seize thereupon, bringing always

tors, and others his majesty s subjects, may
be discharged to harbour, reset, or keep any
correspondence with them ; with certifica
tion to such as shall fail herein, they shall
be punished as aiders and abettors of rebels,
and accessory to the rebellion. And if it
shall be found that any of the rebels have,
or shall have any reset, supply, or entertain
ment within the bounds of any of these
heritors, who have not taken the bond for
the peace, that every such heritor shall be

along with him, a magistrate of a burgh of ; pursued, and proceeded against, as guilty of

landward, or any of the officers or messen- i the rebellion.

gers at arms, or any notar public with wit- Against conventicles there are acts of

108

THE HISTORY OF THE SUFFERINGS

[BOOK II.

council, so many and so full, as I
nothing can be added thereunto ; but |
the council will be careful to see them put j
to due execution; and, by their act of the last |
of January, herewith sent, have taken order j
for removal of all outed ministers, forth of 1
the city of Edinburgh, and other prohibited
places, and restraining conventicles therein."
At the close, the council recommended I
it to Lauderdale the secretary, to lay all !
these things before the king.

According to this desire of the council, j
they are permitted to receive persons upon i
the bond of peace; and it is made very
much a rule of their procedure. In April,
I find David Barclay prisoner in the castle
of Edinburgh, for some concern, I suppose,
in Pentland, upon his declining to sign the
bond, is sent to the tolbooth of Montrose.
In February this year, the banished minis
ters in Holland, sent over their sentiments
of the bond, in warm terms, as a great
defection, and a burying of all covenanted
reformation-work; which wanted not its
influence to hinder some to take it. Thomas
Lennox, above condemned to die for Pent-
land, is liberate in April, upon signing it.
Andrew Robertson, prisoner on the same
score, is allowed to transport himself to
New England. In June, I find John Bryce
mealmaker in Cambusnethan parish, Wil
liam Fergusson weaver in Lanark, William
Adam smith in Williamstoun, prisoners.
When brought before the council, they
acknowledge their being at Pentland ; and,
upon their refusing the bond, they are ban
ished to Virginia : with certification, if they
return, the pains of death Avill be inflicted.
And I find a short work made by the coun
cil, in a general order, July 30th, that all
who are in prison for the rebellion, and
shall refuse the bond, are to be sent to the
plantations; and thither not a few were
sent this year.

Agreeably to the proposal in the council s
letters above, I find a proclamation pub
lished, May 9th, ordering all magistrates
and officers of the standing forces, to seize
and apprehend about a hundred persons,
whose names are annexed to the proclama
tion, as having slighted the indemnity offered.

The proclamation is added.* It seems to
be in pursuance of this and other proclama
tions, that the council, June 25th, " order
out letters against the lord Torphichen, and
other heritors of West (. alder, and others
to be condescended on by my lord Haltoun,
(thus it runs in the council records) to
answer for harbouring John Gilchrist, James
Nimmo, and Thomas Finlay, and not appre
hending them, and offering them to justice
for their accession to the rebellion, 1666."
This process was for some time in depend-
auce,and brought no small trouble to several
persons very innocent in this matter.

By a letter, dated July 23d, the king
leaves the council to do with those con
cerned in Pentland, as they see good. His
words are these: " We now think fit to refer
it to you, to take such course with all in
the rebellion, 1666, who are not particularly
forfeited, as you think fittest for the peace
of the kingdom, either by banishing them to
the plantations, or admitting them to take
the benefit of our pardon, as you think fit."
But presses their ridding the kingdom of
preachers at conventicles; whicli I shall
just now have occasion to notice. Accord
ingly, upon the 4th of August, James
Anderson, John Wright, and Robert Grier,
are banished to Virginia, for being in the
rebellion 1666. And in November, I find
a good many concerned in Peutland, are,
by the council, admitted to take the bond ;
and Robert Chalmers (who afterwards got
a remission, if it be not another of the same

* Proclamation against rebels who have not ac
cepted the indemnity, May 9th, 1668.
Charles, by the grace of God, king of Great
Britain, France, and Ireland, defender of the
faith; to

macers or messengers at arms, conjunctly and
severally, and to all and sundry our lieges and
subjects whom it effeirs, greeting: Forasmuch
as we, by our act of indemnity and proclama
tion, of the date the ninth of October, one
thousand six hundred and sixty-seven, were
graciously pleased to make intimation of our
tenderness and care, to reduce such of the late
rebels as were seduced and misled, to their due
obedience to our authority and laws, (excepting
only such as were therein named) provided
always that they should appear betwixt and the
first day of January last bypast, before such as
were then authorised by the lords of our privy
council, and give such bonds for keeping the.

CHAP. III.]

OF THE CHURCH OF SCOTLAND.

109

name) William Miller, and William Mur
doch, are banished ; and John Denholm
banished to Tangier, for resetting 1 some of
the former one night in his house. And
William and James Welsh in Irongray,
whose names are wrongously insert in the
proclamation, May 9th last, compearing
before the council, and declaring they were
not at Pentland, are allowed to purge them
selves, by signing the bond of peace, and
dismissed. So much may serve for the

treatment this year, of those in the
late rising. Let me now come
forward to take some view of the severities
used against conventicles, and the keepers
of them this year.

Field conventicles were at this time
j very rare; but prcsbyterian ministers ad ven-
i tured to preach to large meetings in houses
[ and barns, upon the repeated and impor-
j tunate calls of the people, who had fallen
! off from the incumbents, because of their

public peace of the kingdom, as is therein ap
pointed. And yet notwithstanding of our gra
cious pleasure t imously intimate, many of the
said rebels continue yet so desperate and wicked,
that they have refused, within the time limited,
to make their appearance : whereby they have |
justly forfeited the benefit of our gracious offer, |
and deserve to be pi oceeded against with all j
rigour, till they be brought to condign punish- j
ment. Therefore, we, with advice of the lords ;
of our privy council, command and require
all sheriffs of sheriff doms, stewards of Stewart- |
ries, magistrates of royal burghs, bailies of |
regalities and baronies, and all others our minis
ters of justice, and officers of our standing forces,
as they will be answerable to us upon their
allegiance and duty, immediately after notice
hereof, to seize upon, and apprehend the persons
of the rebels underwritten, viz :

In Carsfairn parish.
Nathanael Cannon in Formaton,
James Macmitchel in Knockinreoch,
John Macmillan in Strong-gashel,
Robert Macmillan in Kiltarsen,
William Macmillan in Bradinoch,
James Mackilney in Polmidow,
John Logan in Loch-head,
John Crawford in Drumjoan,
John Cunningham in Longford,

Macadam in Waterhead,

John Hannah there,

George Macadam in Bow,

John Macmillan younger in Brockloch,

George Fergusson in Woodhead,

David Cubbison in Moss,

James Macadam in Knockgray,

Alexander Macmillan in Bank,

William Smith at Bridge of Geuch,

John Wylie in Smiton,

Roger Macolm in Netherholm,

Robert Macolm in Netherglen.

In Dairy parish.

David Cannon brother to Morgrie,
Edward Crichton in Knocksting,
James Fergusson in Trostan,
Robert Crichton in Fingland,
Andrew Crichton there,
John Machutcheon in Clachan of Dairy,
James Welsh his brother,
John Welsh in Skeoch,
Robert Wallat in Scar,
Herbert Biggar son to Herbert Biggar of

Barbuie,
Thomas Smith son to James Smith of Drurn-

klyre,

Robert Sinclair son to Robert Sinclair in

Lag,

William Welsh in Ingliston,
James Biggar in Margloby,
John Currier in Newark,
Robert Currier in Dalquhairn,
David Currier in Ruchtree,
Robert Colvin in Ingliston,
John Hunter in Barncleugh,
John Wallat in Holhill,
John Welsh in Knachston,
John Wright in Larbreck,
John Whitehead in Chidden,
James Macbirnie in Crobmor,
John Wilson in Traquair,
Andrew Haining servant to John Neilson of

Corsack,
John Gaw son to Robert Gaw in Airncrogoe.

In the shire of Dumfries.
John Kirko of Sundywell,
James Callan glover in Dumfries,
James Grier in Shankstell in Glencairu

parish,

John Grierson in Auchinshine there,
John Law there,
William Harvey younger there,
George Wilson there,
John Gilkerson there,
James Aiton there,
Thomas Robertson there,
Matthew Hamilton there,
Thomas Brown there,
John and George Jacks there,
Robert Rae there,
Patrick Murray there,
Robert Davidson there.

In the parish of Lanark.
John Wilson there,
Thomas and James Hasties there,
James Fisher there.

In the parish of Carlufce.
William Loch there,
William Gilkerson there,
William Frame there,
Archibald, Robert, and Gabriel Forrests

there,

Thomas Martin there,
John Scouller there,
James Armstrong there,
William King there,
John Gilkerson there,
Archibald Hart there,
Robert Smith there,
William Brown.

110

THE HISTORY OF THE SUFFERINGS

[BOOK II.

share in the severities and oppres-
sions of the former years. As yet,
unless in some places, where circumstances
forced to the open fields, it Avas rare to preach
out of a house. I shall cast together here,
what I find this year done anent conventi
cles, and such as frequented them, leaving
the treatment of the ministers to the next
article.

May 7th, I find, the council having 1 called,

and convened before them, Miller of

Waxford, for being lately at a conventicle
in the shire of Ayr, which he confessed,
fine him in three hundred merks, to be
paid presently ; and they oblige him to give
bond, under penalty of one thousand pounds
Scots, that neither he nor his family, shall,
in time coming, be present at conventicles.
The three hundred merks are ordered to be
given to Henderson a wounded soldier.

The same day, the council being informed
of several conventicles kept in several places,
appoint any of their number to give out
warrants for seizing, apprehending, and
committing to prison, all outed ministers, or
others who shall keep conventicles, or other
unlawful convocations and meetings, or to
give warrant to a messenger to cite them to
such diets of the council, as they think
fit. To favour this design of suppressing
these meetings for divine worship, by such
as could not in conscience join with the
curates, May 9th, instructions are given to
the forces. " The earl of Linlithgow, com-
mander-in-chief for the time, is allowed to
change the quarters of the soldiers, as he
finds meet. All the officers and soldiers
are warranted to seize upon and apprehend
all outed ministers, who have kept conven
ticles, or preached at them, to dissipate all
conventicles, and seize upon the minister,
and such of the principal persons at the
meeting, as they can catch, and carry them
to the next prison, especially such as have
weapons. They are empowered to seize
upon any they have a warrant from a privy
counsellor to apprehend, either as rebels, or
conventicle keepers." In short, they are to
observe the orders given November 15th,
1667. Accordingly, upon the 4th of June,
the council approve the following disposition

of some of the troops : a company of foot to
lie at Dumfries ; a company of foot, with
fifteen horse, at Strathaven in Clydesdale ;
forty troopers at Kil.syth ; two companies of
foot, and fifteen horse, at Glasgow ; a com
pany of foot at Dalrnellington, and another
j at Cumnock in the shire of Ayr.

Besides this parcelling out of the forces
where they were most afraid of conventicles,
upon informations of the keeping of them,
commissions are given out to examine
who had been at them. So upon the same
day the council grant warrant to two gentle
men, to make enquiry who were at the con
venticles in Fife, in the town of Anstruther,
and at Largo : and upon this trial, July
16th, council letters are directed out against
four persons in Largo and the neighbour
hood, for being present at them.

At the desire of the prelates, who this
year are mightily keen against conventicles,
the king writes in the forecited letter, dated
July 23d, after he hath remitted the rebels
; to the council s pleasure, thus : " but we do
specially recommend it to your care to rid
I the kingdom of such seditious preachers, or
pretended ministers as have kept conven-
i tides, or gathered people to the fields, since
i January last j for we look on such as the
greatest disturbers of the peace, and per-
verters of the people." That they were so
represented to his majesty I believe : but
the king had not better subjects in the king
dom, and there was nothing but peaceable
carriage at such meetings, and the gospel of
peace purely and faithfully preached, and
the king prayed for. Indeed the orders
given above, to dissipate those meetings,
obliged some to defend themselves when
attacked, and the gospel preached to them ;
but there were not many scuffles this way
as yet.

Another method, peculiar to towns, used
at this time against conventicles, was, to
oblige the magistrates of burghs, to give
bond to the council to pay such a sum if a
conventicle were held within their jurisdic
tion : and ordinarily they had their relief off
the persons they should find out to have
been at it. Accordingly the magistrates of
Edinburgh, July 29th, give bond to the

CHAP. III.]

OF THE CHURCH OF SCOTLAND.

Ill

council to this effect ; which I have insert,*
and for some time, 1 find yearly it is renewed
by every set of new magistrates. Notwith
standing- of all these efforts, conventicles
grew on the prelates hands, in a proportion
to their and their underling s being- disliked
for their oppression and severities ; and the
outed ministers wanted not their suffering s
this year, which bring-s me to give some
taste of their treatment. Upon the last of
January, the council by their act ordain the
magistrates of Edinburgh, to execute the
act and proclamation, dated November
1664, against the outed ministers; and to
take special care that none be permitted to
stay within their liberties, but such as have
a license from the council, archbishop of St
Andrews, or bishop of Edinburgh ; and
requiring them to take special notice, that
there be no conventicles kept in the city, or
liberties thereof. The hardships of this
act have been noticed formerly.

But to come to particular persons suffer
ings, 1 may well begin with the reverend
Mr Michael Bruce. This worthy, useful,
and affectionate preacher, had been some
years ago forced out of Ireland, where his
charge and relations were. Being a person
of great boldness, and much love to souls,
he adventured to preach to great meetings
in houses, and sometimes in the fields like
wise. He ventured into several places of
the nation, where few other presbyterian
ministers had preached to any numbers for
some years. About the 2d or 3rd of June,

Bond by the town of Edinburgh, against con
venticles, July 29th, 1668.
We, Sir Andrew Ramsay of Abbotshall, lord
provost of the citv of Edinburgh, George Reid,
John Fullarton, James Currie, and John Lyon,
bailies of the said city, Francis Kinloch dean of
iiild, and Andrew Cheyn treasurer thereof,
bind and oblige ourselves, conjunctly and seve
rally, that, during the time we are in trust
and office, no person or persons who were in the
rebellion 1666, or who are forfeited, or declared
fugitives, shall at any time hereafter be lodged,
harboured, or reset within the said city of
Edinburgh, Canongate, Potter-row, Pleasants,
West-port, or Leith, under the pain of one
hundred pounds sterling; and that none of the
said rebels, who hereafter shall be forfeited or
declared fugitives, shall be harboured, or reset,
or lodged within these said bounds, after they
shall be declared fugitive, as said is, under the
pain of one hundred pounds sterling : also, that

captain G. Erskine in Stirling Cas
tle, having orders from some coun
sellors, apprehends Mr Bruce in his own
hired house, not far distant. When, to his
great surprise, he found the house beset
with armed men, according to his usual
courage and briskness, he endeavoured to
escape; but was sore wounded by the sol
diers, and taken, and brought prisoner to
the Castle of Stirling. No care was taken
of his wounds, and he lost a vast deal of
blood. Notice of this prize is sent into
Edinburgh, and, June 4th, the council have
this resolve about him. " The lords being
informed, that Mr Michael Bruce, pretended
minister, is apprehended, who for these seve
ral years bypast, has made it his work to
abuse people, and in contempt of the laws,
presumed to keep frequent conventicles,
preach, baptize, and administrate the sacra
ments, without any lawful warrant, and
made prisoner in Stirling Castle, they order
him to be kept close prisoner, and no per
son have access but physicians and sur
geons." Further, they appoint the sheriff
of Stirling, and one of the justice-deputes,
to examine him, how it came, when he was
apprehended by authority, he assaulted, and

dangerously wounded a soldier of

the party, employed for that effect, and
report.

It was the 18th of June before Mr Bruce
was so far recovered, as he could be carried
into Edinburgh ; and, when put in close
prison there, the council order, that nobody

none of the other rebels contained in the procla
mation, dated May 9th, 1668, concerning such
as have not accepted his majesty s gracious in
demnity, shall be reset as foresaid, under the
pains of fifty pounds sterling. As likewise,
that no private meetings or conventicles, under
pretence of, or for religious worship, shall be
kept within the said city, or bounds foresaid,
under the pain of fifty pounds sterling. Which
penalties we bind and oblige ourselves, con
junctly and severally, to make payment of to
the commissioners of his majesty s treasury, or
treasurer-depute, as they shall happen to be for
the time, to be by them disposed upon as they
shall think fit; providing that we shall only be
liable to pay the said penalties, for such deeds 01
controvention as shall be committed during our
office, for which we shall be pursued, and de-
creets recovered against us, within year and
day after the committing the offence. Consent
ing, &c. in common form.

THE HISTORY OF THE SUFFERINGS

[BOOK II.

have access to speak with him,
except in presence of a privy coun- I
sellor, or oiie of the magistrates of Edin- |
burgh. When he was examined in the tol- ;
hooth, he was most candid and free in his
confession, refusing 1 to answer nothing- put
to him. From this confession the king s j
advocate forms a libel against him. As soon
as he was able to come before the council,
upon July 2d, he appears, and when his libel
is read, he owned his preaching and baptiz
ing in houses and the fields, and defended
his practice, as being agreeable to the powers
he had received from another and higher
court. The sentence the council pass, is
as follows. " The council find Mr Michael j
Bruce guilty of sedition, faction, and dis- ;
turbance of the peace of this kingdom, and
contravening the acts of parliament and j
council; and therefore ordain the said Mr
Michael Bruce to be banished and sent
away out of his majesty s dominions of
Scotland, England and Ireland, and to dis
charge him to return upon pain of death."
His bond signed in the council registers is ;
" I Mr Michael Bruce bind, oblige, and
enact myself in the books of privy council,
that, in obedience to an act and sentence of
banishment pronounced and given against
me this day, I shall never return to any of |
his majesty s dominions in Scotland, Eng
land or Ireland, under pain of death to be
inflicted without mercy, in case I shall j
happen to contravene : consenting thir pre- j
sents be registered in books of council ; and j
constitute Patrick Frazer advocate, my pro
curator. In witness whereof, I have sub
scribed those presents, in presence of the
lords of council, at Edinburgh, July 2d, 1668.
" M. BRUCE.
" ROTHES, Chanc. 1. P. D."

When he is about to remove off the king
dom, the 14th of July a letter comes from
the king to the council, signifying he was
pleased with their procedure against Mr
Bruce, and ordered him to be sent prisoner
by sea to London, with the first conveniency:
and, September 13th, he is ordered to be
put into a ship going to London. Whether
this was owing to an application from the
bishops in Ireland, who had a particular

spite against him, or to some other cause, I
know not. But when he came up to Lon
don, he was immediately sent to the Gate
house. After he had remained some time
there, lie was sentenced to go to Tangier in
Africa. I have no distinct account whether
he underwent any trial at London, or how
his sentence came to be altered. It appears
odd enough to overturn a sentence passed
by the council of Scotland, or to judge a
Scotsman, for crimes committed in Scot
land, at London, after the affair had been
judged at home. I hear this good and
pious man with great difficulty obtained a
connivance, and retired to Ireland.

This account hath run out already so far,
that I must be brief on the sufferings of
some other of the outed ministers this year.
Mr Alexander Smith, we heard, was ordered
to be brought from Zetland last year; and
being come to Burntisland, upon the 9th of
July, the magistrates of Edinburgh are
ordered by the council, to receive him, and
commit him close prisoner in the tolbooth.
What his examination and deportment was
there, I know not ; but July 23rd, I see him
ordered to be transported to Orkney, and
sheriff Blair in Orkney is appointed to
receive him; and Mr Smith required to
confine himself to the island of North Ron-
aldshay. Mr Andrew Morton minister at
Carmunock was imprisoned about this time ;
but I shall bring in all his sufferings after
wards.

The bishop of Murray having sent in an
information to the council, against Mr
Thomas Hogg minister at Kiltairn, Mr
Thomas Urquhart minister at , Mr
John M Killigen minister at Alves, for
preaching at their own houses, and keeping
conventicles in Murray : the council grant
commission, July 30th, to the earl of Mur
ray and lord Duffus, to apprehend and in
carcerate them in Forres, where they con
tinued some time, till the earl of Tweeddale
procured an order to liberate them, upon
giving bail to appear when called. Some
of their sufferings will come in afterwards
at more length.

Mr John Wilkie, sometime minister at
T wynham in the south, had come into
Edinburgh for his health, and was scarce

CHAP. III.]

OF THE CHURCH OF SCOTLAND.

113

able to remove out of it, through age and t
infirmity. Toward the end of July he is
imprisoned, and from prison first brought
before a committee of the council, and next
before the council, July 29th. What pas
sed nt both 1 thought deserved a room
in his own plain and homely style, from
an original, signed by him, in my hand,
as what will give the reader a native view of
the methods used with these good men, by
the managers, and their ingenuous carriage.*
They confine him to the town of Cupar

in Angus, to which he was not able
to travel, and so continued in prison
some time. I find him, September 13th,
petitioning the council, that his confinement
may be altered to Moffat, and ten miles
about for his health s sake. They grant
his desire, and confine him as above, under
the penalty of five hundred merks : and,
November 12th, when the use of the waters
at Moffat are over, his confinement is altered
from that to Musselburgh.

Upon information given to the council

Mr John Wilkie s examination before the

council, July 28t/i, 1668.

I was interrogated by my lord advocate,
What is your name, sir? I answered, Mv lord,
my name is Mr John Wilkie. Q. Where
were you minister? A. In the parish of Twy-
nam, in the presbytery of Kirkcudbright.
Q. What is your wife s name? A. Anna Rae,
daughter to Mr Adam Rae, minister at Haly-
wood. Q. What countrywoman is she? A.
A Nithsdale woman. Q. How long since you
came to Edinburgh ? A. Two years bygone in
April. Q. What brought you here? A. To
consult the doctors anent my health, with
whom I have deen drogging and dressing ever
since I came here. Q. But how could you
come to Edinburgh, express contrary to the
law, without liberty obtained? to which I an
swered nothing, but waved the question, and
cast in another discourse. My lord advocate
asked me, if I knew who shot the bishop ? I
answered I knew not, and did presently depone
upon oath, that I neither shot him, nor knew
who shot him. He asked me, if I knew any of
these west country rebels, especially major
Learmont, Barscob, Mardrogate, young Mur-
rieff, Barmagachan, Mr John Welsh, Cornley.
I answered, I know them all, for they were my
old acquaintances. Then he asked, if I had
seen them since the fight? I answered, I had
seen them all ; for being my acquaintances, they
came to visit me on my supposed deathbed.
He asked, if I knew where Learmont did now
quarter? A. I knew not at all. Q. Where
Barmagachan is now ? A. I suppose he be not
in Scotland. Q. Do you know the proper
name of one that goes under the name of James
Small ? A. I am not much acquaint with the
man; but seeing your lordship urgeth me, I
think the business is not tanli as to conceal it,
for ought I know his name is Mr James
Mitchell. Q. Is he a minister? A. I allege!
not. Q,. What age is he of? A. I never in
quired. Q. What colour of hair hath he ?
A. It is hard to know, seeing ye all wear
periwigs. Q,. What colour is his periwig?
A. I think it may be the colour of that (point
ing at Hugh Stevenson s, sub-clerk). Q. Do
you keep conventicles? A. I am not able, by
reason of sore and long continued sickness; but
1 use, when I have health, to exercise in my
own family both Sabbath and week-day. Q.
What time take you on the Sabbath? A. Be
twixt sermons, beginning at half twelve, and
continuing so long as I am able. Q. Admit

II.

you any to your family-exercise ? A. I invite
none, I debar none. Q. J 1 seems you are clear
to admit any that come ? A. Yes, my lord, you
should be welcome, and the archbishop of St.
Andrews should not be debarred. Q. Good-
sooth, Mr Wilkie, you would go four miles
about, in that case, to visit a friend. A. No,
my lord, I would find him within less than
half a mile. Your lordship remembers of a
story betwixt my lord Scone, and an honest old
minister, who alleged that in every text he found
my lord Scone. Upon this I fell a little faint
and weary with standing, and they caused set
in a seat to me, where I sat and discoursed with
them as follows : Q. What I heard concerning
him that shot the bishop? A. My lord, for me
to bring what clatters I hear before this honour
able court, were not fair, neither can they bear
any weight in judgment. Q. But, Mr Wilkie,
tell us what you hear? A. My lord, seeing
you urge me, I will tell you what I hear.
1. Some think it to be a Jesuitical prank. 2.
Some think it to be out of private revenge, a
gentleman in Orkney being wronged by his
bishop. 3. Some say that it is some of the west
country men. 4. Some allege that it is done by
some of their own emissaries. The advocate
being astonished, began to fain himself; Could
any of themselves attempt the like against them
selves ? A. These who are of that j udgment
think that it is done to obstruct a greater good
intended. The provost of Edinburgh, (I knew
him not then) till I asked him if he was provost
of Edinburgh, which he answered he was for
want of a better, desired my lord advocate to
urge me in that, What I meant by the obstruct
ing of a better work? A. Your lordship, who
sits upon these cabinet councils, knows better
than I do. Q. But, Mr John, I pray you
be free, and tell what it is? A. My lord, frae
you will have me to tell you it, there were, and
yet are great rumours that we who are old
ministers should all have our mouths opened,
and liberty to preach where we get a call. To
which there was not one word replied. My
lord advocate urged me again that I should admit
none to my family-exercise, but the members of
the family. To which I answered as formerly,
That I invited none, and I would debar none,
using an argument ad hominem : my lord, would
you think it fair, if your lordship, being of
my acquaintance, came to make a visit at the
nick of time of family-worship, if my servant
should keep you at the door, saying, My lord,
you must not come here, we are at the worship
P

114

THE HISTORY OF THE SUFFERINGS

[BOOK II.

against Mr Donald Cargill, I lind,

November 23d, the following- act

against him : " Whereas Mr Donald Car-

gil was confined benorth Tay, October 1st,

of God ; surely, my lord, you would not take
it well : and more, my lord, J am still bound to
preach when called, and able for that work,
under the hazard of that, \Vo is unto me, if J
preach not the gospel. Then my lord advocate
urged me, In what families I used to exercise?
1 answered, My long and sore sickness made
me incapable of going abroad ; and, to the best
of my knowledge, since October last, I supped
not save twice out of mine own house, where
indeed I made the fashion of family- exercise.
Q. What were these two houses? A. My lord,
it were both impertinent and imprudent in me
to tell this honourable court, who invites me to
dine or sup with them; and so your lordship
must pardon, me, for I cannot in discretion tell :
but if your lordship should urge me to tell, you
will not gain anything; for I know no law as
yet discharging the service of the living God.
The advocate answered, You need not tell us
that, for we know it is true. The business
coming to this close, the advocate desired me to
have my surety ready against ten o clock to
morrow, to find bonds to present myself before
the council, when called, because I was a sick
man, and not fit for the prison ; and so I took
my leave. My lord advocate requested the
good-man of the tolbooth to grant me a chamber
in his house ; but he said his house was all
taken up, so I was carried back to prison.
July 29th, I was arraigned before the secret
council, and made to stand without the bar at a
great distance, where (by reason of my shortness
of sight) I could not well discern any of their
faces so as to know them. At the first my lord
chancellor charged me with laughing. 1 an
swered, My lord, I marvel your honour should
charge me with laughing ; for I am even now
as sick as I am able to stand on my feet. After
this, he makes an historical narration of what
had passed betwixt the committee and me ;
that I had confessed my coming to Edinburgh
contrary to the law ; that I had conversed
with these west country rebels ; that I exer
cised in my family, and admitted all that
came. I granted all that to be true, and that
I had satisfied the committee, in reason, as to
every particular. Chanc. But, Mr Wilkie, you
stick at one particular, you will not declare
what these two families were wherein you
supped? A. My lord, T think it not prudent
to tell. Chanc. What, Sir, are you beginning
to teach the council prudence? A. No, my
lord, I am only studying how to carry prudently
before the council. Chanc. But, Sir, you must
tell what these two families are? A. I cannot
for shame tell ; would your lordship, being of
my acquaintance, think it fair play, if your
honour had invited me to dine with you yester
day, that I should come in and tell his majesty s
secret council the morn. Chanc. Nay, Mr
Wilkie, you mistake the business, it is not
where you have dined or supped, but what you
did there as to the point of exercise? A. My
lord, I entreat forbearance in that point for your
lordship will find nothing in it. Chanc. Nay,
but you must declare it, and that upon oath.

1662, and that under the pain of sedition ;
and yet he hath repaired to the city of
Edinburgh, and other places at his pleasure,
in high and proud contempt of authority

A. Lest your lordship think that there is some
mystery in the matter, I will declare, and you
shall gain nothing. Chanc. Clerk, go to the
bar, and administer the oath. The oath being
j administered, the chancellor began to exhort me
I to remember I was upon my oath. 1 told his
lordship I did remember very well, and 1 should
swear nothing but the truth. Chanc. What
were these t wo houses ? A. One of thtm is a
friend called John Gibson, with whom I supped
not long since. Chanc. What did you there?
A. 1 took my supper, blessed the table, gave
thanks, sang, read, noted, and prayed. Chanc.
Who was there present ? A. Not one soul save
the members of the family. Chanc. What was
the other family ? A. My lord, you will gain as
little of it, and therefore forbear. Chanc. But
you must tell, you are now upon oath. A. It
was, my lord, Sabbath last, in one Mrs George s
house, who hath some relations of mine breeding
at school. Chanc. What did you there ? A. 1
took my supper as I could, gave thanks, sang,
read, and essayed to note, but fell sick, and so
was forced to cut short. Chanc. Who was
there? A. If there was any there but the
family, is more than I know ; for I was never
there before, and was never there since. Chanc.
But what number would have been there ? A.
I think there would have been about eight or
nine persons. Upon this 1 grew weary with
standing, and told my lord chancellor that I
was very sick, and requested the honourable
council that I might be quickly despatched ;
which was yielded to at the first, and I was
removed to an outer room. Having passed an
interlocutor upon me, I am called in ; and, after
recapitulation of all my alleged crimes, together
with a harangue of the council s clemency and
gentleness towards me, notwithstanding of my
great offence, I am sentenced to confine myself
to Cuparof Angus, within ten days after my
liberation out of prison. The sentence is read,
and I presently commanded to subscribe. I
answered, My lord, no man is bound to subscribe
to impossibilities ; for where Cupar of Angus
is I know not ; but well I know that this last
summer I rode to Moffat-well, with no less
than the hazard of my life ; and for the present
I am neither able to sit on horse, or walk on
foot. Chanc. Sir, I perceive you love to live in
Edinburgh. A. My lord, your honour is quite
mistaken, it is all one to me where I live,
whether in prison or at liberty ; for at liberty 1
am sick, and in prison I will be but sick.
Chanc. Mr Wilkie, your business stands at
this, you will not engage to forbear preaching.
A. My lord, offer nothing to me that may lay
the least tash upon my ministry ; for do with
me what you please, in the strength of the Lord
I will never yield : I satisfied the committee
yesterday in that ; but, my lord, I have some
what that supports me, that every one knows
not. "Herein do I exercise myself, always to
have a conscience void of offence both towards
God, and also towards man." So taking my
1 leave of the council, refusing to subscribe my
entence I am committed again to prison,

CHAP. III.]

OF THE CHURCH OF SCOTLAND.

115

ordains the said Donald Cargill, by open j
proclamation at the cross of Edinburgh and j
Forfar, to be cited to appear before the
council the 1 1th of January next, otherwise
he shall be denounced simpliciter" I have
reason to think this was an information
purely from malice. He is not charged
with preaching, but only with coming to
Edinburgh, and other places, after a con
finement more than six years ago, and many
acts of grace and indemnity. When he
appears, next January, before the council,
and is heard in his own vindication, he is
dismissed, and only appointed to bide in
his confinement.

Notwithstanding of these hardships upon
presbyterian ministers in Scotland, the king
this year allowed some breathing to the
nonconformists in England. I am told he
did Mr Bates, Mr Baxter, and some other
presbyterian ministers there, the honour of
allowing them to wait upon him ; and sig
nified to them, that he knew of their meet
ings, which were not according to law, and
designed to allow them more liberty ,pro vided
they carried peaceably. It is said, he was
pleased to add, " That he had been too
long a king of a party, and now he resolved
to be king of all his subjects." Several
meeting-houses were about this time built
at London. Yea, in June or July this year,
the earl of Tweeddale called for some of
the presbyterian ministers, who were under
their hidings, and made proposals to them
aneiit some favour and indulgence he hoped
might be procured for them in Scotland.

where I am continued for the space of forty
days. All the premises I assert to be of truth,
and that nothing (to the best of my memory)
passed betwixt the committee and me, or the
honourable council and me, but what is here
recorded ; as witness my hand, at Moffat, the
place of my confinement, October 28th, 1(]6S.
JOHN WILKIK.

Only this passed betwixt the council and me.
My lord chancellor, when he was speaking to
me as to the point of preaching, alleged that I
was (for what he saw) clear to preach in a
kirk. I answered, Why not, my lord, 1 am
still a minister, and who has exauctorated me?
Cliatic. Then I see you are clear to preach upon
a call. A. Yes, my lord, if the call have a
cleanly rise. Clianc. Mark that, a cleanly rise !
but what call you a cleanly call for a minister ?
A. My lord, you know it well enough, why do
you ask me ? Q,. I pray you tell us ? A. My i
lord, I make the supposition, if your honour |

The news were very welcome, and
some conversation and proposals
passed betwixt them on this subject. But
an unhappy incident stopped all for some
time, the attempt made by Mr James
Mitchell upon two of the bishops, July llth
this year; which, as it was his personal deed,
without concert or approbation from presby-
terians, it opened the door to a severe treat
ment of some very worthy persons not at
all concerned in it. I shall give a deduction
of it from what I find in the council records,
and other papers of this time, and some
other notices anent it will offer themselves
when he is taken, and his process comes to
be accounted for ten years after this.

Mr James Mitchell was a preacher of
the gospel, and a youth of much zeal and
piety; but perhaps had not these oppor
tunities for learning and conversation,
which would have been useful to him. 1
find Mr Trail, minister at Edinburgh, in
the year 1661, recommending him to some
ministers in Galloway, as a good youth,
that had not much to subsist upon, and as
fit for a school, or teaching gentlemen s
children. He was at Pentland, and is
excepted from the indemnity, and in all the
three lists we have seen above. From what
motives I say not, he takes on a resolution
to kill the archbishop of St Andrews : and,
upon the 1 1th of July, he waits the bishop
coming down in the afternoon to his coach,
at the head of the Blackfriar Wynd in
Edinburgh ; and with him was Mr Honey-
man bishop of Orkney. When the arch-

invited me to preach in one of your kirks, I
being able and qualified for the work, how durst
I in conscience refuse, under the pain of that
wo, " Wo is unto me if I preach not the Gos
pel !" What then should hinder me to preach in
a kirk? Nay, more, my lord, I was this summer
at Moffat-well, and the chield that is there is
run away from them for debt (as I hear), and
the place in a manner vacant, if these in power
in that place, had had courage to have given me
a call, I would have taken my venture to have
preached. To which there was not one word
replied. I testify this also to be of truth ; as
witness my hand, day, year, and place foresaid.

JOHN WILKIE.

When I took my leave of the committee, I
entered this protestation, that no mau should
follow my footsteps ; for I had laid a bad pre
parative in answering to questions, whereas I
should have had an indictment, and time com
petent to have answered the same.

116

THE HISTORY OF THE SUFFERINGS

[BOOK II.

bishop had entered the coach, and
taken his seat, Mr Mitchell steps
straight to the north side of the coach, and
discharges a loaden pistol in at the door of
the coach. The moment the pistol is dis
charged, Honeyman sets his foot in the
boot of the coach, and when reaching up
his hand to step in, received the shot,
designed for Mr Sharp, in the wrist, and
so the primate escaped at this time.* Upon
this Mr Mitchell crossed the street with
much composure, till he comes to Niddry s
Wynd head, where a man offers to stop
him, and he presented a pistol to him, upon
which the other let him go. He stepped
down the wynd, and going up Steven Law s
Close, went into a house, and changed his
clothes, and came straight confidently to
the street, as being the place where indeed
he would be least suspected. The cry
arose, a man was killed; and some rogues
answered, it was but a bishop, and all was
calmed very soon. The two bishops made
all the haste they could to the house where
they had been.

Upon Monday, July, 13th, the council
met upon this affair, and issue out a pro
clamation which is printed, " Anent the
villanous attempt upon the bishops of
St Andrews and Orkney, upon the llth
instant." Five thousand merks are offered
to the discoverer, and pardon to accessories.
They write likewise a letter to the king,
acquainting him with this matter, and their
account is as follows: " Saturday last in

* Honeyman, like Sharp, had been originally
a very violent presbyterian, but like him, had, for
the sake of preferment, violated his conscience,
and was a cruel persecutor of all who refused to
follow his example. The above accident, how
ever, was fatal to him ; the wound could never
be healed, and in a few years after was the cause
of his death. Sharp, though he thus escaped at
the time, was greatly alarmed, and probably
lived ever after this in daily and nightly terror.
Bishop Burriet, who, though he hated the man,
had some respect for the archbishop, and called
on him for the purpose of congratulating him on
his escape, informs us, that " he was much
touched with it, and put on a show of devotion
upon it. He said, with a very serious look, * My
times are wholly in thyhaml," () thou God of rny
life ! " This," he adds, " was the single ex
pression savouring of piety that ever fell from
him in all the conversations that passed between
him and me." Burnet s History of his Own
Times, vol. i. p. 408. Ed.

the evening, as the archbishop of St An
drews and the bishop of Orkney were going
abroad, the archbishop being in his coach,
and the other stepping up, a wicked fellow
standing behind the coach, did shoot the
bishop of Orkney beneath his right hand,
broke his left arm, a little above the wrist,
with five balls, and immediately crossing the
street, went down a lane, and escaped ; there
being no person near at the time, but those
who were so taken up about the bishop of
Orkney, that they could not observe the
person, or whither he went. That night all
possible search was made in and about the
town, and this day a proclamation is issued
out, sent herewith." Further, that same
day the magistrates of Edinburgh are ordered
to search the town and suburbs for all
persons in the late rebellion, or who cannot
give an account of themselves ; and to shut
all the ports of the town, except the Nether-
bow, where one of the bailies is to stand,
and let out none but whom he knows ; and
an hundred soldiers are ordered to assist the
magistrates. A very narrow search was
made for the aggressor upon the bishops,
and it was a wonder great numbers were
not seized.

The town being the place of greatest resort,
and where people could lurk best, was at
present full of Whigs and such who had
been concerned in Pentland, and many of
them escaped very narrowly. One instance
I cannot but give of Maxwell of Monrief,
excepted, as we have seen, out of the indem
nity, and a gentleman of one of the best
estates of that party not already forfeited.
He had no place in town he could flee to,
but came in to Moflfat his stabler s house,
and begged his landlord to hide him. Moffat
told him very coldly, he had no place to put
him in, and very indifferently pointed to a
large empty meal tub, standing in a public
drinking room, adding if he pleased, he should
cover him with it. No other present shift
offering, it was done; and, in a few minutes,
the constable and his men came in to search
the house, and were soon satisfied, expect
ing no prey there. They sat down in that
very room with the meal barrel at the end of
their table, and called for some ale. While
sitting they fell a talking of the unsuccess-

CHAP. III.]

OF THE CHURCH OF SCOTLAND.

117

fulness of their search. One of them says,
I am sure there are many Whigs in town :
another of them rapped violently on the
head of the tuh under which Monrief was,
swearing-, It may be there is one under that;
and so it passed as a jest, and they were
permitted to do no more. Quickly they
left the room, and fall to their work in other
houses, and the gentleman came out, having
tasted of the bitterness of death almost.

Mr Mitchell passes at this time undis
covered, till some years after, when we shall
meet with him again. His attempt was
known to nobody but himself. People
could not but observe the righteousness of
Providence in disabling bishop Honeyman s
hand, which was noways designed by Mr
Mitchell. It was well remembered that
Mr Andrew Honeyman, in the years 1660
and 1661, set up most zealously for presby-
terian government; and being a man of good
parts, was employed by the presbytery of
St Andrews, to draw up a testimony for
presbyterian government, when it was about
to be overturned. The draught was ex
tremely liked by Mr Robert Douglas, Mr
George Hutchison, and others, to whom it
was communicated. He professed to be
zealous against prelacy, to a very great
height; and, in his sermons, preached with
a great deal of warmth against the intro
ducing of bishops. I am told in the abun
dance of his zeal, one day, he had this
expression to his hearers, " That if ever he
spoke or acted contrary to what he now
taught them, he should be content to be
reckoned a man of a prostitute conscience."
He met with his bodings, and indeed was
accounted of according to his own rule.
Mr Sharp debauched him with the tempta
tion of a bishopric; and he was the first,
and almost the only man of them, who
drew his pen in the vindication of the
present constitution in the church ; and peo
ple could not but remark, that that person,
who wrote against the truth he once so
vehemently espoused, had a mark set upon
him instead of his debaucher, and without
any design in the actor. It was loudly
talked, that some years after this, he met
with yet harsher treatment, from a more
dreadful quarter, when he died at his house

1668.

in Orkney. But this unhappy affair
brought several persons to a great
deal of trouble, and was most unjustly
charged upon the body of presbyterians.
It gave a loose to the cruelty of the bishops,
and the advocate. It must be owned, they
had a very considerable provocation given
to their passions; and at this rate nobody
can be safe: but then the measures they
took were hard, and mixed with a disingen
uous cunning, unworthy of judges.

A few days after this attempt upon the
bishops, an occasion of much trouble to
three good people falls out; which was this.
A scuffle falls in between a servant- woman
of no good fame, and her mistress, wife to
Robert Gray, merchant in Edinburgh. The
servant, to be completely revenged upon her
mistress, quits her service, and goes straight
to bishop Sharp, and assures him she can
give account of several houses where the
Whigs used to haunt, and make some dis
coveries anent the person who made the
late attempt upon him. The bishop made
her very welcome, gave her money in
abundance, and provided for her security.
It was said the primate gave likewise very
liberally to the advocate Sir John Nisbet,
that he might be hearty in the pursuit; and
it is certain Sir John showed an extraor
dinary eagerness in this matter, to that
pitch, that his friend Sir Archibald Primrose
roundly told him, " He would not give over
till he brought the fury of the enraged
people on himself instead of the bishops."
Robert Gray is brought before a committee
of council, on this information, and strictly
examined, Whether any Whigs used (to
lodge) in his house ? Mr Gray suspecting
the spring of their information, and knowing
there would be proofs of it, acknowledged,
That upon such a day, his cousin major
Learmont, one Welsh, and Mrs Duncan a
minister s widow, had dined with him. So
much he conjectured his servant had told
them. He was further interrogated, Whe
ther he knew of the assassin of the bishops?
This he peremptorily denied. The advocate
urged him to swear upon his declaration.
This he flatly refused, as contrary to all
reason and law, that a person should swear
in such a case as this. When the king s

118

THE HISTORY OF THE SUFFERINGS

[BOOK II.

advocate finds him positive, he
* steps forward to him ; and, after
some pretended frankness and familiarity
in further dealing with him, he takes his
ring from off his hand, telling him he had
use for it ; and, within a little, sends it with
a messenger of his own to Mrs Gray,
ordering 1 the hearer to acquaint her, that
her husband had discovered all he knew
as to the Whigs, and the ring was sent
her as a token that she might do the
same; and so she is brought before the
committee. Upon this the poor woman
discovers more than her husband had done,
and acquaints them with some houses where
the suffering people used to haunt; parti
cularly Mrs Kello, a rich widow, where Mr
John Welsh sometimes lodged and preach
ed; the foresaid Mrs Duncan, and John
Crawford messenger, who had notice given
him, and got off. But his wife, and the
other two were presently seized, and put
in prison. When Mr Gray got notice how
his wife had been abused with his ring, and
what followed thereupon, he took it most
heavily, sickened, and in a few days died,
leaving his death upon this way of treating
him.

July 22d, I find Anna Kerr, relict of Mr
James Duncan, before the council. She is
interrogated upon her knowledge, Who
were the actors in the late attempt upon
the two bishops, and her harbouring and
converse with rebels? Mrs Duncan
refused to answer upon oath, declared she
knew not the assassins, and would not
accuse herself. The council give her assur
ances, that whatever she declared there-
anent, shall never be used against her, either
in judgment, or outwith the same; and they
promise to indemnify her for any accession
she had to the said attempt, or harbour
ing any of the rebels, providing she declare
ingenuously, and discover upon oath what
she knows. She continued fixed that
she would not give her oath. The lords
caused bring in the boots before her, and
gave her to five of the clock to think upon
it, assuring her, if she would not give her
oath in the premises, she was to be tortur
ed. In the afternoon, Mrs Duncan con
tinued firm to her purpose, and had cer

tainly been put to torture, had not Kothes
interposed, and told the council, " It
was not proper for gentlewomen to wear
boots."

Upon the 29th of July, Margaret Dury
relict of Mr James Kello merchant in
Edinburgh is before the council, and refus
ing to give oath, as above, is lined in five
thousand merks, and banished to the plan
tations. Mrs Duncan had nothing, and so
escaped the fine; but, the same day, is like
wise banished to the plantations: and to
morrow, Janet Chalmers, spouse to John
Crawford messenger, upon her refusal as
above, is likewise banished with the other
two. They lay in prison a long time : Mrs
Duncan, with two young infants, continued
there five or six months : Mrs Kello, having
confessed Mr Welsh had preached in her
house, was fined as above, and continued in
prison a long time; and it was with no small
difficulty they were at length liberated, after
Mrs Kello had paid much of her fine.

Another act of cruelty following upon
this attempt, was the occasion of the death
of that good man Mr James Gilon minister
at Cavers, whose blood is justly chargeable
on the authors of this harsh treatment.
Mr Gilon being turned out of his church at
the entry of prelacy, had now for some time
lurked at Edinburgh, and being tender, he
had gone out to Currie, within a few miles
of the town for the recovery of his health.
A party of soldiers went out, and, upon
pretext of searching for the aggressors upon
the bishops, seized him, and made him run
almost all the way before them, for four
miles, to the West-port of Edinburgh, in the
middle of the night. When thus driven,
literally like a sheep to the slaughter, he
was made to stand some hours before the
port could be opened. To-morrow when
he was brought before the council, he was
known, and dismissed to his chamber : but
this barbarous usage disordered him so much,
that he sickened, and being indisposed be
fore, died within forty-eight hours.

In July and August, the council are
much taken up about the militia, who are
modelled and raised through the whole
kingdom. This was alleged to be necessary
because there was no standing army, albeit

CHAP. III.

OF THE CHURCH OF SCOTLAND.

119

we were at this time in peace with all our
neighbours. Agreeably to the scheme in the
acts of parliament, two and twenty thousand
horse and foot were modelled in the several
shires: but so jealous were the managers of
the west country, that they allowed no
foot to be armed in the five western shires.
This unnecessary raising of the militia, was
a very heavy tax upon many of the smaller
heritors. Such a proportion of land was
burdened with the putting out of a horse
arid a man at the muster, and the laird
or lord, who did no more but send his
groom and his horse the day of muster,
escaped free. Yea, the smaller heritors
were taxed to maintain the laird s horse, as
if he had been appropriated to the service,
and he paid not a farthing.

What was the occasion of the alarm, I
cannot tell; but, upon August 12th, I find
what follows in the council registers. " The
council understanding, that some of the
late rebels are drawing together, of intention
to disturb and embroil the peace, grant
power to the earl of Linlithgow to draw the
forces together, and dissipate them, and
order all where he comes to assist him."
Whether this was made a project to favour
the raising of money for the militia, or to
pave the way for more standing troops, I
cannot say ; but I can find nothing like any
stir among the presbyterians at this time.
However, lieutenant Mungo Murray is
ordered, September 3d, to search with
sixty horse, in the heads of Kyle and
Nithsdale, and apprehend any of the rebels
rising in anus. Another party, under Wil
liam Cockburn, is sent to search in the
Glenkenns in Galloway.

Perhaps it was in one of the searches
about this time, that Robert Cannon of
Mandrogate younger, was taken, or probably
put himself in the road of being taken ; for
he turned informer, and a bitter persecutor.
The reader hath him in all the exceptions
from Pentland indemnity; and the first
notice I find taken of him, is in a letter from
Lauderdale to the council, dated October
8th, wherein he orders him to be examined
anent the rebellion 1666, and the advocate
accordingly converses with him : and, in
November, the council order Sir James

Turner, Chalmers of Waterside, arid
Mandrogate elder, to come in to
Edinburgh, to be witnesses against him,
and signify to the secretary, they expect
important discoveries from his trial. But
afterwards they write, they have got nothing
of importance from him. I believe he was
gained to the bishops lure, and afterwards
we shall find him acting a very ill pail in
the south.

This summer and harvest, I remark all the
king s letters to his council, upon whatsoever
occasion, almost conclude with recommen
dations of the lords of the clergy, to their
care, and the orthodox ministers up and
down the kingdom, and carefully to inquire
into any affronts and violences offered to
them. I know no occasions for these, but
Mr Mitchell s attempt, and the accounts
which come in before the council, of a riot
committed upon Mr James Brown minister
at Calder. The circumstances and nature
of it I have no accounts of; only, July 30th,
the council order the advocate to process
some persons before the justices, for the
attempt on the minister of Calder. There
is little more considerable this year, unless
it be the continued ill treatment of those
west country gentlemen confined in the
1665, and by the high commission, which as
far as I have noticed, I shall give altogether,
and end this Chapter with it.

Upon January 9th, the council change
Cuninghamhead s imprisonment from the
Castle of Stirling to that of Edinburgh
because of his business with lawyers here.
Upon the 3d of March, he and the laird of
Rowallan, who, it seems, had the same
favour, are ordered to re-enter the Castle of
Stirling. Upon the 4th of August, Sir
James Stuart is ordered to be made close
prisoner in Dundee; and Sir John Chiesly is
sent with a guard to be made close prisoner
in the toolbooth of St Johnston (Perth).
The same day the council send their orders
to the captain of the castle of Stirling to
put Cuninghamhead and Rowallan in dis
tinct rooms, close prisoners : and Sir George
Maxwell is ordered in eight days to enter
himself prisoner in the tolbooth of Kirkaldy,
under the pains of five hundred pounds
sterling ; and, upon the 5th of August, his

120

THE HISTORY OF THE SUFFERINGS

[BOOK 11.

prison is again altered to the Castle
68> of Stirling. And John Porterfield
of Duchal younger, whom we shall again
meet with, gives in a petition, July 2d, to
the council, signifying, " that whereas he
hath been under confinement, by the order
of the commission for church affairs, these
several years past, at Elgin of Murray, and
punctually kept his confinement, and the
lords of council have allowed him to come
to Edinburgh about his affairs; he humbly
begs that his constraint may be taken off,
and his bonds for keeping his confinement,
be given up by the clerk." The lords grant
his petition, upon his finding caution, under
the pain of five hundred pounds sterling,
to appear before the council, within four
days after he is called.

CHAP. IV.

OF THE STATE AND SUFFERINGS OF PRESBY
TERIANS, THE INDULGENCE GRANTED, AND
NEW LAWS MADE AGAINST THEM, IN THE
YEAR 1669.

. As for some years bygone, the in-
* terests of prelacy have been upon
the decline; so ever since Pentland, the
interests of presbytery have been gaining
ground in Scotland. This is not the first,
and will not be the last instance of the truth
of the primitive Christian observation and
experience, " that the blood of the saints is
the seed of the church:" the church s
winters of persecution, never want their
succeedings springs and harvest, in less or
more. Accordingly, this year, presbyterians
had a sort of reviving, and began to gather a
little strength. The military discipline for
their conversion, was now at an end for
some time; Mr Sharp s cloud at court con
tinued; the constancy and cheerfulness of
the persecuted party was convincing; con
venticles increased, and the curates churches
grew thinner. Yet the prelates continue to
go as great a length as they may against
presbyterians. The persecution for Pent-
land is not wholly over ; the confinement of
several gentlemen is protracted, and conven
ticles are strictly punished : but the fruit-

lessness of these persecutions at length

brings on an indulgence ; and to soften the
>ishops a little, new laws are made in their
favour by the parliament, which sits in the
ud of this year. These things will afford
matter for the following sections.

SECT. I.

Of the circumstances of presbyterians, and
procedure against conventicles, preceding
the indulgence this year.

WHEN the bishops want the army to hunt
down the presbyterians, they improve the
expressions in the king s letters, of " en
couraging the lords of the clergy and ortho
dox ministers;" and daily importune the
council to harass and call before them such
presbytcrian ministers as preached at this
time, and to inflict the pains of sedition in
the terms of the acts of parliament and
council. Some were attacked in the north
last year, where there >vere but a few, and
the more easily discovered and catched ;
and this year the same work is violently
prosecuted in other parts of the kingdom,
especially in the west, where conventicles
were sensibly growing. I shall then, in
this section, take a view of the persecution
of presbyterians for conventicle-keeping
through this year. March 2d, I find an act
of council fining the town of Edinburgh for
a conventicle held there, in prosecution of
the project formerly spoken of, fallen upon
to prevent conventicles in burghs. It is but
short, and I insert it here. " The lords of his
majesty s privy council being informed, that
on Sunday the last of February, there was a
conventicle kept within the city of Edin
burgh, in the house of relict of the

deceased Paton ; and Mr David Hume,

late minister of Coldingham, took upon him
to preach: and whereas, July 29th, 1668,
the magistrates of Edinburgh gave bond to
pay fifty pounds Sterling for ilk conventicle
that should happen within their city, to the
treasury, having relief off the guilty persons;
the council decern Sir Andrew Ramsay, and
the rest of the magistrates to pay the said
sum, and grant them power to make open
doors, and apprehend persons guilty, for
their own relief." This is ad tcrrorem, and to

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

fright other towns and the country. The
town of Edinburgh is under the eye of the
managers ; and, to carry on the same work,
the soldiers are parcelled out to other places.
The same day some are sent to quarter at
Glasgow, and some smaller parties to New-
mills, Mauchlin, and Kilmarnock, in the shire
of Ayr, and a party is ordered to the town
of Inverness, to keep the presbyterians there
and in Murray, in awe.

But because conventicles sometimes were
dismissed before they could be reached, and
the parents of children who were baptized
at them, were more easily informed against
by the curates in each parish, and came soon
to be known, a new act of council is con
trived, to be a foundation of their persecu
tion. A committee of council the arch
bishops of St Andrews and Glasgow, duke
Hamilton, earls of Dumfries, Annandale,
Tweeddale, and Kircardine, lords Drumla-
nerk, and Cochran, the president, register,
advocate, and justice-clerk, with the laird
of Lee, meet February 18th, to consider the
acts of parliaments and council against con
venticles, with drawers from their parish-
kirks, clandestine marriages and baptisms,
and to consider what may be done for re
straining them. This committee issues in
an act of council, March 4th, the tenor
whereof follows. " The privy council consid
ering what a scandal it is to the protestant
religion, and how much to the increase of
popery, schism, and profaneness, that per
sons should withdraw from ordinances and
sacraments and baptize their children by
persons not authorized by the church ; do
therefore prohibit and discharge all persons
whatsomever, to baptize their children by
any other, but such as are their own parish-
ministers, or such ministers as are estab
lished by the present government of the
church ; and declare, that the father of any
child otherwise baptized, shall incur the
pains and penalties following : every heritor
a fourth part of his yearly valued rent;
each tenant a hundred pounds Scots, and six
weeks imprisonment; each cotter twenty
pounds, and six weeks imprisonment ; and
recommend it to the sheriffs, bailies of regal
ities, and other judges, to put this act in
execution." Where the scandal upon the

it.

16G8.

protestant religion lies, in children s
being baptized by persons not au
thorized by a prelatical church, does not
appear to me. That popery is increased
and strengthened, by narrowing the church
to such as will subject to diocesan bishops,
is very evident from the nature of the thing,
and our constant experience in Scotland.
Popery hath still been upon the increase,
and profaneness too, under prelacy and per
secution: and the presbyterians have had
always ground to charge the espousers of
prelacy as separatists and makers of a schism
from our reformation from popery by pres
byters, and our first establishment according-
to the scriptural institution. How far it is
a profanation of the holy sacrament of bap
tism, under such penalties to tie down its
administration to the officers of a church
declared to depend upon the king s will and
pleasure, and its government to be ambula
tory and alterable, as he sees fit, I shall
leave to others to consider. As it is plainly
contrary to the Christian liberty of the sub
ject, thus in their religious rights to be
bound up to the will of the sovereign ; so to
me this seems to be an irreligious prostitu
tion of the holy sacrament, as an occasion
of persecution of tender consciences, and
what too much agrees with the knitting of
the other sacrament of the supper, to civil
and military offices, for which all the reform
ed churches are so much reproached by
the papists, though two of them are only
chargeable with this : yea, the restricting of
the administration of baptism to a particular
set of ministers, in order to be a pretext and
cloak for harassing and violenting (forcing)
the consciences of such who could not join
with them, seems to contain something yet
worse, if possible ; at least this practice casts
no small stain upon its authors, who gene
rally speaking, were all baptized by presby
terians. This act is transmitted with letters
from the council, to the sheriffs of Lanark,
Renfrew, Ayr, and the steward of Kirkcud
bright, ordering them to publish it at the
market-crosses and parish churches in these
shires together with the forementioned acts
of council, December 1662, and October
1666. And the commissioners of the militia
are to inform themselves of all conventicles,
Q

THE HISTORY OF THE SUFFERINGS

[BOOK II.

"

and disorderly baptisms, since No-
vember last, and call before them
all ministers and hearers ; and as they find
them guilty, to take bonds from them to
appear before the council : and such as do
not compear, or refuse to find caution, they
are required, by a party of the militia, to
seize upon their persons ; and this party
is to be maintaiued by the delinquents, at
eighteen shillings Scots per day for each
horseman, and three shillings sterling for the
officer; and all evidences and witnesses
against them are to be sent with them into
Edinburgh.

Jointly with this, I find, the council send
instructions to the sheriffs and their deputes
in the western shires, as to their procedure
against nonconformists ; and they deserve a
room here. " March 8th, the instructions
underwritten for the sheriff-deputes of Ayr
and Lanark, bailie of Cuningham, and
steward-depute of Kirkcudbright, were
agreed to by the council. Those who are to
be convened before you, conform to these
instructions, are to be cited in the ordinary
way, and upon the ordinary time and num
ber of days usual before the sheriff-court ;
and it is to be adverted, that they be cited
personally to give their oaths upon the libel,
with certification pro confcsso. So that if
they have no other probation by witnesses,
and if the witnesses be not ready and able
to prove the libel, it be proven by their
oaths. If the defenders appear not, they
are to be holden as confest, and decreet
given against them. If they compear, and
the libel cannot be proven without delay
by witnesses, they are to declare upon the
libel, and according to their declaration the
judge is to decern. If they be not ready
or willing to pay the sums decerned, pre
cepts are to be directed against them in the
ordinary way ; and the same being executed,
they are to be sent to Edinburgh, with the
executions, that letters of horning may be
raised thereupon ; and they are to be
charged and denounced with all expedi
tion. They are to be careful that no
money be taken from any person for for
bearance, and not to proceed against them :
and if the procurator-fiscal, or officers, or
messengers, who are to be employed, or any

others shall be found to take from any per
son, upon any such account, they will be
noticed, and proceeded against, and censured
as malversant, and unworthy of trust ; and
they are to advert and inform if any person
be guilty of such malversation. The pro
cess is to be as summar and short as can
be, and the dispute and defences (if any be)
are to be heard and discussed verbo, without
receiving defences in write ; and the clerk is
only to minute the defences, if any be pro
pounded. If any persons cited, as said
is, shall be content to find caution, and
oblige themselves to frequent and keep the
churches, and public ordinances, in the
future, as also that they shall not be present
at conventicles, in the shire, baronies, or
stewartry foresaid; you are to accept of
their said obligement and caution, and pass
from the pursuit against them."

The same day, the council order some
more of the soldiers to the west country,
doubting, perhaps, the zeal of the militia
there, for persecuting of their neighbours.
And James Row merchant in Edinburgh, is
fined by the council in a hundred pounds
Scots, for being at the above conventicle in
Mrs Paton s. George Mossman merchant
there, is fined in two hundred merks,
and John Row agent there, in a hundred
pounds, for the same conventicle ; and certi
fied, that if they be found at another, they
shall be banished. Meanwhile they are
imprisoned till they pay their fines.

Jointly with these acts and orders, another
expedient is fallen upon to bear down
conventicles, and a great deal was promised
from it. Collectors of the fines the law had
appointed for nonconformity, were named
about this time, in the places where conven
ticles most abounded. Mr Nathaniel Fyfe,
a poor advocate, who wanted employment,
and was a relation of one of the bishops,
had Kyle and Carrick for his district.
Cuningham was given to the sheriff of
Nithsdale, brother to the earl of Dumfries,
who was said to be a great oppressor of the
poor, and not a whit the more unfit for this
work in hand. James Dunlop of Houshill,
a nephew of my lord Cochran s, had Ren
frewshire, where, I am informed, he was
abundantly easy, being very far from a per-

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

123

securing temper : yet I find, in May, he
hath the thanks of the council given him
for his readiness to serve the government.
Duke Hamilton was allowed to appoint
whom he pleased for Lanarkshire. The
earl of Nithsdale, a papist, got Dumfries
and Gajloway, and to be sure he took care
not to be too severe upon Jesuits and
trafficking priests. In May I find the coun
cil write to him, to take care he employed
none under him who were not protestants,
and regret the growth of popery. It is not
good, however, to give the " wolf the wether
to keep." These publicans and tax-gather
ers, to encourage them to their work, had
five hundred merks a piece from the coun
cil; their reign was but short, unto the first
of June. They wanted a numerous army
to back them, and military execution brevi
manu is not yet allowed ; they must prose
cute offenders before the sheriff, in the
ordinary course of law; and some of the
sheriffs reckoning these collectors were come
in upon their field, made the process so
tedious, that they got not much. This was
one of the easiest assessments the west
country had laid upon them.

The archbishop of Glasgow put the lord
Cochran to exert himself in a very particular
way against the presbyterian ministers in his
diocese : and his suffering the bishop to
prevail with him to go the lengths he went,
he having been upon the party who set up
for moderation, opened people s mouths to
say many things which need not a room
here ; that the worthy persons he was now
harassing, were never so far engaged with
the usurper, as he and others in the govern
ment had been ; that all the evils in that
time, even sitting in parliaments called by
Cromwell, voting the tender and extirpation
of the race of Stuarts, were overlooked :
but presbytery, and the almost only loyal
and firm subjects of that time, presbyterian
ministers, could not be forgiven. My lord,
as a counsellor, gives warrant to major
Cockburn, an officer of the guards, to cite
before a committee of noblemen and gentle
men, concerned I suppose, in the militia, at
Ayr, in the end of March, several ministers,
whom the bishops alleged, had acted con
trary to law and preached and baptized

1669.

f irregularly. Their names, at least
I those of them, as we shall hear,
j who appeared before the council, are,
I " Messrs William Fullarton late minister
at St Quivox, John Spaldin at Dreghorn,
Alexander Blair at Galston, Hugh Archi
bald at Evandale, James Alexander at
Kilmacomb, Andrew Dalrymple at Auch-
inleck, John Hutchison at May bole, James
Vetch at Mauchlin, Hugh Campbel at
Riccarton, John Gemble at Symington,
and John Wallace at Largs." Great was
the rigour Cockburn used in forcing them
to compear at Ayr. When he came to some
of their houses with his men, he was not
satisfied with the ordinary way of legal
citation, nor with their promises to obey,
but compelled them to give bond for com-
pearing, and meanwhile would not produce
his warrant for citation, and perhaps could
not for this part of his treatment. The
families of others of them he treated most
rudely, turning them out of doors, and
obliging them to flit and remove from their
houses, without any reason given, within
twenty-four hours, to their great detriment
and loss. And one of the accounts, from
which this narration is taken,says, the council
were so sensible of this, that Mr Vetch
and Mr Blair were allowed three hundred
merks each for their losses.

All the ministers appeared before the
meeting at Ayr, and answered the interro
gatories put to them, with that meekness
and candour, that most part of the members
inclined to dismiss them without any further
trouble : but this did not answer the arch
bishop s design, which was to be rid of these
worthy men; and therefore the lord Coch
ran prevailed to get them cited to appear
before the council next week at Edinburgh.
They obeyed, and came thither on Saturday,
April 3rd, and my lord Cochran came -upon
Monday to prosecute them, and it was said,
when he went to the chancellor, he got
small thanks for his zeal in this matter, and
was blamed for surprising the council with
this process of the ministers. However,
from their books I find, April 6th, "the
earl of Kincardine, lord Cochran, and the
president, are appointed as a committee to
examine some ministers from the west

THE HISTORY OF THE SUFFERINGS

[BOOK II.

1669.

come to town according to their

bonds given anent keeping con
venticles ; and to report." Before this
committee the ministers appeared, and were
interrogated separately, whether they had
preached since they were laid aside by au
thority ? This they all frankly acknowledg
ed. Next, they were questioned, whether
they had preached in the fields? This
none of them had done : and further,
whether they had admitted any more to
their exercise but their own families ?
This they all confessed. Then, they were
all called in together, and asked, What
they resolved to do in time to come ?
They answered, They purposed to demean
themselves peaceably and soberly, as they
had hitherto done, and as became ministers
of the gospel, and to give no just ground of
offence. The committee required them to
subscribe their answers ; which they did, and
were dismissed at this time, and ordered
to appear before the council upon April
the 8th.

A time of trouble and suffering is ordin
arily a time of jealousy and scruples; and
so this was. Those ministers were the first
since Pentland, who in a body had been
questioned for preaching. It was now be
ginning to be too common, though afterwards
this temper ran higher, to censure ministers
in their appearances, carry as they would.
And so some were pleased to blame them,
as too faint in owning their warrant to
preach the gospel : therefore, and because
their expression before the committee, of
"demeaning themselves peaceably and with
out offence," was debated as to its import,
they saw good in the interval, before their
appearing at the council bar to agree upon
the heads of a discourse to the lords,
wherein one, in the name of the rest, should,
express their sentiments about their minis
try, and the necessity of exercising it even
at this juncture; and it was laid upon Mr
William Fullarton to deliver the mind of
the rest. Upon the 8th of April they
were called in before the council. The
lords, upon their signed confessions, agreed
upon the following act concerning them.
" The lords of council, by examination of
the confessions of Mr William Fullarton

late minister at St Quivox, &c. ut supra,
find that they have contravened the acts of
parliament and council anent conventicles,
and withdrawers from worship, and have
incurred the penalties therein contained ;
yet the council on divers considerations,
being willing to use all means to reclaim
them from such unruly and undutiful car
riage, and to reduce them to a due confor
mity to the laws of the kingdom, have
thought tit to defer pronouncing sentence
against them, till further consideration ; and
declare, that if any of the persons above
mentioned, shall hereafter keep conventicles,
or withdraw from worship, the council will
not only punish them for their bygone
transgressions, but also take course to re
move them from those places of the country
where now they reside, and punish them
conform to law." When they were come
in, the chancellor told them the council had
considered their confession before some of
their number, and the clerk was to signify
the council s pleasure to them, who read
what is above. Mr William Fullarton then
begged the liberty to speak ; which being
allowed, he delivered himself to this purpose,
as had been concerted.

" My lord chancellor,
" We have already ingenuously confessed
and professed what hath been our carriage,
in reference to those things laid to our
charge, and have declared under our hands,
that as in all our actings, we have carried
with due respect to authority, as it became
the ministers of the gospel, so we resolve to
continue : and it is no small addition to our
sufferings, that we should be misrepresented,
or looked upon by any, *as justling with
authority. Yet considering that it hath
been in all the ages of the church, the case
of the Lord s faithful servants, from which
our Lord himself was not exemed, (exempt
ed) to be slandered as no friends to Cesar,
we need not think it strange ; for our wit
ness is in heaven, and our record is above,
that as we desire to give unto God the
things that are God s, so also unto Cesar
the things that are Cesar s, there being by
divine authority an indispensability betwixt
fearing of God and honouring the king, and

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

125

none void of the first, can rightly perform |
the second. Therefore we judge, the fearers
of God are the only loyal people in the
world ; only our loyalty is with subordina
tion to our Lord Jesus Christ, who is King-
of kings, and Lord of lords, by whom kings
reign, and princes decree justice; and under
him to the king s majesty, and inferior
magistrates, and in this line of subordination
we shall deny nothing to the king, that shall
be demanded, but shall be as ready cheer
fully to grant, as any shall be to require it !
of us. And withal, our loyalty is not
founded upon extrinsic grounds, or self-
principles or motives, but allenarly upon the
basis of conscience, and so not regulate by
the revolutions of time, but remains still the
same. Hence it was, that when the royal
family was in a low condition, we lay in the
dust, and poured out our supplications to
God in behalf of the king s majesty, that he
might be preserved from sin and snares,
upheld, comforted, and restored to his throne
and government ; and we looked upon the
effectuating thereof as the return of our
prayers, for which we judged ourselves
obliged to bless the Lord, and promised to
ourselves, and expected a reviving from our 1
bondage, and a share of that calm and
quietness, that was thereby to redound to a
poor distracted kingdom. That it is other
wise with us we shall adore Sovereignty,
who has so carved out our lot, although
the storm should never blow off our faces
while we are in time, whereunto with sub
mission and patience we ought to stoop.

" And now seeing we have received our
ministry from Jesus Christ, and must one
day give an account to our Master how we
have performed the same, we dare have no
hand in the least to unminister ourselves ;
yea, the word is like fire in our bosoms
seeking for a vent. And seeing, under the
force of a command from authority, we have
hitherto ceased from the public exercise of
our ministry, and are wearied with forbear
ing ; therefore it is our humble supplication
to your lordship, that you would deal with
the king s majesty in our behalf, that at
least the indulgence granted to others of
our way within his dominions, may be ex
tended to us also. Next, that since we are

troubled by one Mr Nathanael
Fyfe, intrusted with the execution
of the laws against such who do not keep
the church, who is proceeding against us
upon that account, and being now convened
before your lordship for the same case upon
the matter, that he may be inhibited to
meddle with us. Further, it is our humble
earnest supplication, that your lordship
would compassionate the poor afflicted
people of our country, who are groaning
and fainting under sad pressures, and the
way the said Mr Fyfe is taking with them,
as it is sad, so it is an addition to our
affliction ; and although they cannot comply
with the present ecclesiastical government,
yet they are truly loyal to authority. There
fore we request you would do something or
other for their ease and relief.

" And your lordships laying out your
selves with reference to those things, as it
will prove acceptable service to God, and
will be no matter of resentment to you
when you enter eternity, and stand before
Christ s tribunal, but on the contrary will
be matter of your peace and joy ; so also
it will be for a name of praise and renown
to you and yours, while you shall be called
repairers of breaches : yea, this will be a
most effectual mean to secure the peace
of the country, which we apprehend ye
mainly study, and will endear the king s
majesty to his loyal people, and engage all
of us to pray, that the Lord would establish
the throne in righteousness, and that the
king s majesty and posterity may sit there
upon while sun and moon endure ; and that
your lordship may be blessed in the admi
nistration of the government intrusted unto
you ; and we shall be more and more obliged
to remain your lordship s most humble ser
vants in our Master Jesus Christ."

The council house was very throng, and
Mr Fullarton had a very attentive audience
all the while he spoke ; and the ministers
were dismissed, with a charge to live regu
larly at their peril. While they are yet in
the outer chamber, going away, the chancel
lor was pleased to come and discourse with
some of them. He acquainted them, as to
the first branch of their desire, the council
could not take it upon them to limit the king :

126

THE HISTORY OF THE SUFFERINGS

[BOOK II.

1669.

and as to Mr Fyfe, they should be
no more troubled with him, the
council having already written letters to that
effect: but as to the third, he wondered
how they could call the people of their
country loyal, when some within these few
days, brought in by major Cockburn from
Fenwick, adhered to their being- at Pentland,
and their taking the covenant at Lanark.
Mr Fullarton answered, " As to any persons
who do any thing tending to rebellion, or in
prejudice of authority, as it is exercised in
the line of subordination to our Lord Jesus
Christ, we disown them." Mr Fullarton
designed this as a waving of this matter, as
I suppose : if he was of opinion, that the
rising at Pentland contained any thing con
trary to authority, as subordinate to Christ,
he was alone, and no presbyterians I know
of, thought so. Thus the ministers got safe
home and preached in their own houses, as
they had done ; and the archbishop is dis
appointed in his harsh designs upon them :
and my lord Cochran is said to have
expressed himself pretty openly in a pet,
" The ministers shall turn all upside down,
before I meddle with them again." Indeed
this year, conventicles were like the palm-
tree, the more weights were hung upon
them, the more they grew ; and there Avere
few presbyterian ministers in the west and
south, but were preaching in their houses,
and some in barns, and some few in the
fields.

Although the ministers were thus dis
missed, it may be from some views the
leading persons had of an approaching in
dulgence, yet, the very same day, a procla
mation against conventicles in the west, is
emitted, discharging them, under heavy fines
upon heritors ; and I give it from the regis
ters.

" The lords of his majesty s privy council,
considering how far the keeping of con
venticles is contrary to law, and disturbs
the peace of the kingdom ; and that not
withstanding conventicles are kept and fre
quented in the shires of Lanark, Renfrew,
Ayr, and stewartry of Kirkcudbright, they
prohibit and discharge them, and discharge
all heritors whatsomever, in these shires, to
suffer or permit any conventicles or private

meetings, on pretence of religious worship,
to be kept in houses, or lands pertaining to
them : certifying, if they contravene, each
heritor in whose bounds or lands a conven
ticle shall be kept, shall be fined in the
sum of fifty pounds sterling, toties quoties ;
and ordain these presents to be printed, and
published in the places above."

I have not seen the printed copy, but by
several accounts before me of this period, I
find, that when the proclamation was pub
lished, it contained a clause, ordaining ten
ants to be fined in a hundred pounds toties
quoties, for conventicles in their houses or
ground, but this not being in the copy in the
council books, I can say no more of it. The
unreasonable imposition in this proclama
tion, is very plain : no exceptions are made,
though the heritor were never so much a
conformist; though he live not upon the
place, though he had no hand in, nor gave
any allowance to the meeting, yet he is
made liable to this exorbitant fine. No
question it was designed to put noblemeu
and gentlemen to look after their tenants,
and take care none should be in their lands
who would invite or countenance any of the
outed ministers : but in its very nature it
appears most arbitrary and unjust; a punish
ment in many cases where there was no
fault, and a requisition of what was really
impossible for heritors to perform. Neither
are they, by the act, allowed, as the magis
trates of burghs, so much as a repetition of
their fine, from their supposed guilty tenants.
Frequently when things are stretched too
far, they break, to the hurt of the stretcher ;
so this unrighteous act broke itself, and
indeed made the indulgence more pressed
for by, and desirable to persons of rank.
Thus violent men are taken in the pit which
they digged for others, and the wicked
snared in the work of their own hands.
Happy was it for the heritors in the west,
there was no Turner, Bannantyne, general
Dalziel, nor standing army, now to execute
this act. Thus it discouraged not people
much to haunt conventicles, and presbyteri
an ministers went on to preach to a people
who needed spiritual food very much, and
received the word with all readiness of mind.
However, in May and June this year, several

CHAP.

OF THE CHURCH OF SCOTLAND.

ministers were brought before the council,
till the indulgence began to appear: I give
but one instance or two.

Mr Matthew M Kail, minister at Both-
well, father, I suppose, to Mr Hugh, who
was executed after Pentland, a true Natha-
nael, and a very plain dealer, preached about
this time within a few miles of Paisley, to a
considerable meeting in the fields, upwards
of a thousand. His text was, Isa. xxxii. 5.
From this he described the churl, so as
many of his hearers applied it to one in that
country of some rank. If the picture was
scriptural, and indeed the preacher was very
much master of the Bible, and so natural as
to represent the guilty, he was not to be
blamed for his hearers application. Great
noise was made of that sermon, but I do not
hear Mr M Kail was troubled for it. Mr
Gilbert Hamilton was cited, but, either
through mistake or moyen (influence,) was
not called. Mr James Currie, minister at
Shots, did not compear. Mr Andrew Mor
ton, minister at Carmunnock, appeared, and
objected against the legality of his summons.
New summons was ordered to be given him
in due form, and he escaped at this time.

June 3d, I find the council give commis
sion to the archbishop and provost of Glas
gow, to try who were at a conventicle lately
kept in that city, what quality they were of,
who were present, and how they stand af
fected to the government, and report. The
occasion of this was, Mr James Hamilton,
minister at Blantyre, then living at Glasgow,
had been informed against for preaching in
his own house. Upon examination, he is
seized by the magistrates, and sent in under
a guard to Edinburgh, where he was pre
sented to the chancellor, who, after some
conversation with him, saw good to commit
him to prison. This worthy man used very
great freedom when called before a commit
tee of council appointed to examine him,
and was no way damped. Being asked, if
he had preached in his own house at Glas
gow ? He acknowledged he had. And
being further interrogated, how many his
hearers used to be ? He answered, that
these years bygone, when poor ministers of
Christ were forced from their flocks, and,
with difficulty enough, were able to subsist

themselves and families, they had
no money to hire palaces and
castles to live in, and their lordships
might easily guess any house he was able
to take, could not contain great numbers
of hearers, neither could he keep people
from coming to his house, having no
halberts to keep his doors, nor guards to
make use of. Some of the members of the
committee upbraided him with reflecting
upon the archbishop of Glasgow, in what he
now spoke; and endeavoured to impress
him with the bishop s lenity and favour, in
permitting him to live so long at Glasgow.
Mr Hamilton answered, It was very easy to
speak of lenity and favour, but he was assur
ed he had not so much liberty and favour at
Glasgow, as Paul enjoyed under a violent
persecuting heathen at Rome, where he
remained two years in his own hired house,
and preached the gospel, and no man was
forbid to come to him; but the honest
people of Glasgow, and himself, had been
frequently threatened with great violence, if
they did not forbear. Finding they were not
like to gain any ground on him by their
queries, they desired to know if he was
willing, for the time to come, to give bond to
preach no more this way. His return was,
that he had his commission from Christ to
preach the gospel, and he would not take any
restrictions upon himself, Avhatever force
others might bring him under. The chan
cellor was pleased to ask him, Where his
commission was ? He replied, Matth. xxviii.
19. " Go teach and baptize." The chan
cellor replied, That is the apostles commis
sion ; do you set up for an apostle ? No, my
lord, said he, nor any extraordinary person
either; but that place contains the commis
sion of ordinary ministers of the gospel, as
well as extraordinary ambassadors, such as
were the apostles.

June 24th, the council sit and receive
their committee s report, " That Mr James
Hamilton, prisoner in the tolbooth of Edin
burgh, acknowledged, that he had several
times preached and exercised divine worship
in his own house at Glasgow, to his own
family, and others beside his own family
were present; and that as he invited none,
so he debarred none; and being asked by

128

THE HISTORY OF THE SUFFERINGS

[BOOK II.

them, If he would give assurance in
time coming to keep no conven
ticles and to preach and exercise worship
nowhere but in his own house, and only to
his own family, and such as should be occa
sionally present in his family on some other
account, he refused. And being called in
before the council, he adhered to what is
above. The council order him to be kept in
prison till he give caution in the terms
above." And further statute and ordain,
u that all ministers who shall hereafter be
apprehended, or brought before the council,
on account of conventicles, either by them
selves or others for them, shall give surety,
for their peaceable deportment, and that they
shall keep no conventicles, as said is ; and in
case of refusal, ordain them to be kept in
prison, till they give surety, as said is, and
be otherwise censured, as the council thinks
fit." Thus, upon Mr Hamilton s refusal,
they form a general rule, whereby to proceed
against all presbyterian ministers ; and this
severity afterwards hindered ministers to
appear before them, as hitherto they had
done upon the first call: but when they
must choose now either to come under a
voluntary tie, to restrict themselves in the
ministry received from Christ, or undergo a
perpetual imprisonment, they choosed rather
to keep out of harm s way, as long as they
could. This, within some time, brought on
the denouncing and intercommuning of
ministers. When they were cited to appear
before the council, and, for the reasons
above, durst not obey, caption was directed
against them, and they were put to the
Lorn.

Mr Hamilton was remanded to prison,
and lay there a long time, till his brother
Sir Robert Hamilton of Silverton-hill made
interest for him, and got him out, after his
health was considerably impaired by his
imprisonment, and not till he had given bond
of a thousand merks, to compear when called.
The persecution reached several of the
inhabitants of the town of Glasgow, his
hearers; some of them were brought before
the council, and obliged to give bond to keep
no more of his meetings. All those prose
cutions of ministers and others for conven
ticles, land in a new proclamation against

them, of the date August 3d, which being
short I insert it here.

" Charles, &c. Forasmuch as from our
tender care and great zeal for preserving the
peace and quiet of the church and kingdom,
by our former proclamations we have dis
charged all private meetings and conventi
cles, under pretence of religious worship and
exercise; yet, in divers places of this king>
dom, divers outed ministers and others, take
on them to preach and exercise the functions
of the ministry, in meetings of our subjects,
not warranted by law, to the high contempt
of our authority and government, to the
disquiet of the peace of this church and
kingdom ; therefore, we, with advice of the
lords of our privy council (but derogation in
any sort from our said former proclamations,
or pains therein contained) do command all
heritors timously to delate any who, within
their bounds, shall take upon them to
preach, or carry on worship, in such unwar
rantable meetings and assemblies, and make
their names known to the stewards, lords,
bailies of regalities, sheriffs and their deputes,
to magistrates of burghs, justices of peace,
and officers and commissioners of the mili
tia, within whose bounds and jurisdictions
they may be apprehended: and do hereby
authorize arid command the sheriffs, and
others foresaid, that after intimation made
to them, that the persons foresaid are with
in their respective bounds, they make exact
search and inquiry after them ; and if they
be found, that they apprehend, and incar
cerate their persons, and acquaint the lords
of privy council of their imprisonment; and
require the magistrates of burghs to receive
and detain them prisoners, till further order;
and that this they do, as they will be answer
able, under the highest pains. Likeas, that
all our subjects be hereby advertised, that
we are resolved in the future, to put our
laws and acts, statutes and proclamations,
vigorously in execution against withdrawers
from public worship in their own congrega
tions ; and ordain these presents to be printed
and published."

This is what I have met with as to con
venticles this year, before the indulgence ;
upon the granting of which, in the west, for
some time, conventicles were not much

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

129

noticed ; in other places, where few or none
were indulged, they continued. 1 find, upon
the last of September, William Southnim,
who had been prisoner in the Canongate
tolbooth some months for being at a con
venticle, is liberated, upon finding- caution
under five hundred merks, to compear when
called : and, December 9th, the lords of
council being informed of a conventicle in

Fife, kept at , where did take

upon him to preach, and exercise all the
functions of the ministry ; at which conven
ticle were present r- Hamilton of Kinkel,

John Balcanquel brother to the laird of
Balcanquel, and John Geddie steward clerk
of Fife. Letters are directed against them,
to compear against this day eight days,
under pain of rebellion. I find no more
anent them for some time. There are some
other steps of severity in this period, before
the indulgence, I shall cast in, with some
other matters in the last Section, that the
thread of the account of things of the same
nature, may be as little broken as can be.
And now I come to give some account of
the indulgence, begun to be granted in July
this year.

SECT. II.

Of the first indulgence granted to presby
ter ians, July 1669.

THE full accounts of this and the following
indulgences granted to presbyterians, shall
be very much left to such who write a
complete ecclesiastic history of this time.
Perhaps too much is in print already anent
the indulgence. I am sure too much was
said and writ upon this head. The greatest
heats were indeed some time after this, as
may be noticed. Indulgences must not be
reckoned part of our sufferings in this
church ; yet being the occasion of differ
ences among good people, and a respite
from suffering to several very worthy men,
and really an aggravation of the severities
exercised against others who shared not of
this benefit, when allowed to some; my
account of presbyterians under the cross,
would be lamo, without somewhat about

them in the order of time when

1669.

they were granted.

By this time every body save the clergy,
were sensible of the necessity of some liberty
to dissenters from the present church estab
lishment in Scotland; since by no means
they could be brought over the belly of
their light, and known principles and cove
nants, to subject unto prelates and their
underlings. Multitudes through the nation
were calling aloud for this, the courtiers
began to promise it, and in private to put it
into some shape. The earl of Tweeddale, at
this time in no small favour with the king,
and close friendship with Lauderdale, who
was jealoused (suspected) by the bishops to
retain some regard to his old friends the
presbyterians, till his second marriage altered
him very much : my lord Tweeddale, I say,
had frequent conferences with some presby-
teriau ministers, concerning some liberty
designed for them; particularly with Mr
John Stirling, who was his own parish
minister, Mr Robert Douglas, and some
others. He prevailed with them to send
up a letter to court, to be a handle to
their friends at London to work upon in
their favours. A copy of it 1 have not met
with, but am informed it contained very full
expressions of their affection to the king,
their firm loyalty, and a disclamation of
some positions now alleged to be treason
able, charged upon some presbyterians.
Tweeddale goes up to court, either with this,
or a little after it, and found his work the
easier there, that the presbyterians in Eng
land were at present connived at in their
meetings, and in Ireland likewise, as appears
from a part of a letter, April this year from
a minister there to one in Scotland, a month
or two before this, which I take liberty to
insert, because we yet want a full account
of the state of presbyterians there in this
period. After his regretting the persecution
in Scotland for conventicles, he adds, " but
it is matter of rejoicing, that the Lord s work
seems to be reviving here, (Ireland,) Christ
hath a church here, that appears with the
fairest face, and the cleanest garments, ana
has proven most faithful with God of any of
the three, and really hath much of the light
R

130

THE HISTORY OF THE SUFFERINGS

[BOOK 11.

1669.

of his countenance. The sun seems

to be fairly risen on this land ;
whether it may he soon overclouded I
cannot say, but presbyteriaus liberty is
in many places little less than when they
had law for them. They are settling
their ministers with encouragement, and
building public houses for their meetings,
and providing vacancies with ministers.
About a month ago, I had occasion to
be at Dublin, where the sacrament of the
Lord s supper was administrate publicly on
the Lord s day, at the ordinary time, and
some hundreds standing without, the doors
and windows of a throng meeting-house
being cast open ; a public fast on the Thurs
day, two sermons on Saturday, and as many
on Monday. To all this I was a witness,
and more than a witness. The harvest is
great, the burden-bearers are few, and the
few are not idle." But this only by the
way. When a spirit of persecution is at
some stand in England and Ireland, some
favour w r as the more easily granted here ;
and, July 15th, a letter is presented by the
earl of Tweeddale to the council from the
king, which I here insert from their records.

" CHARLES R.

" Right trusty, and right well beloved
cousins and counsellors, c. Whereas by
the act of council and proclamation at
Glasgow, in the year 1662, a considerable
number of ministers were at once turned
out, and so debarred from preaching of the
gospel, and exercise of the ministry ; we are
graciously pleased to authorize you and our
privy council, to appoint so many of the
outed ministers, as have lived peaceably
and orderly in the places where they have
resided, to return and preach, and exercise
other functions of their ministry in the
parish churches where they formerly resided
and served, (provided they be vacant) and
to allow patrons to present to other vacant
churches, such others of them as you shall
approve of; and that such ministers as shall
take collation from the bishop of the diocese,
and keep presbyteries and synods, may be
warranted to lift their stipends as other
ministers of the kingdom : but for such as

are not, or shall not be collated by the
bishop, that they have no warrant to meddle
with the local stipend, but only to pos
sess the manse and glebe; and that yon
appoint a collector for those and all other
vacant stipends, who shall issue the same,
and pay a yearly maintenance to the said
not collated ministers, as you shall see fit to
appoint.

" That all who are restored and allowed to
! exercise the ministry, be, in our name, and
by our authority, enjoined to constitute and
keep kirk-sessions, and to keep presbyteries
and synods, as was done by all ministers
before the year 1 638, and that such of them
as shall not obey our command in keeping
presbyteries, be confined within the bound*
of the parishes where they preach, ay, and
while they give assurance to keep presby
teries for the future.

" That all who are allowed to preach, be
strictly enjoined not to admit any of their
neighbour or any other parishes unto their
communions, nor baptize their children, nor
marry any of them, without the allowance
of the minister of the parish to which they
belong, unless it be vacant for the time.
And if it be found, upon complaint made
by any presbytery unto you our privy coun
cil, that the people of the neighbouring or
other parishes resort to their preachings,
and desert their own parish churches, that
according to the degree of the offence or
disorder, you silence the minister who coun
tenances the same, for shorter or longer
time ; and upon a second complaint verified,
that you silence again for a longer time or
altogether turn out, as you see cause ; and
upon complaint made and verified, of any
seditious discourse or expressions in the
pulpit, or elsewhere, uttered by any of these
ministers, you are immediately to turn them
out, and further punish them according to
law and the degree of the offence.

" That such of the outed ministers who
have behaved peaceably and orderly, and
are not re-entered, or presented as aforesaid,
have allowed to them four hundred rnerks
Scots yearly, out of the vacant churches,
for their maintenance till they be provided
of churches ; and that even such who shall

CHAP.

OF THE CHURCH OF SCOTLAND.

131

give assurance to live so for the future, be
allowed the same yearly maintenance.

" And seeing by these orders we have taken
away all pretences for conventicles, and
provided for the wants of such as are, and
will be peaceable ; if any shall hereafter be
found to preach without authority, or keep
conventicles, our express pleasure is, that
you proceed with all severity against the
preachers and hearers as seditious persons,
and contemners of our authority. So
leaving the management of those orders to
your prudence, and recommending them to
your care, we bid you farewell. By his
majesty s command.

" LAUDERDALE.

" Given at our court at Whitehall,
June 7th, 1669."

A great deal hath been said pro and con
upon this letter in print ; and I shall upon
this subject keep to matter of fact, and add
nothing to revive the old burnings, scarce
yet extinguished. But it seems necessary to
remark, that the reader may not think all
the clauses of this letter equally executed,
that, as far as I can find, the matter of the
four hundred merks yearly the king here
allows for the maintenance of outed minis
ters, was never made forthcoming to many
of them, neither have the accounts of any
not indulged, who shared in the vacant
stipends, come to my hand. Whether this
was from the failing of the fund, or their
continuing to preach to their own families,
when there was not access to hear the
indulged, or from their want of interest
among the managers, or that this clause
was only designed as a blind to make the
rest go the better down, the judgment of
peaceable and orderly behaviour being still
in the managers hands, or that it was pre
vented, as too much favour by the bishops and
their friends, though once intended at court,
I know not. I only add further, that upon
the 8th of July, " The council finding, by
act of parliament all the vacant stipends since
the (year) 1664, were to be uplifted for the
increase of the stock of universities, and a
collector appointed ; a committee is ordered
to examine how that affair stands." This
seems to have been a fetch of the bishops,

when they knew the indulgence was
a coming, to prevent at least, one
part of the king s will ; and an act of par
liament, allocating the vacant stipends to
universities, would be a good handle, at least,
to prevent the four hundred merks to the
nonindulged.

When the king s letter was read in coun
cil, it appeared extremely dissatisfying to
the prelates and their party; and the chan
cellor is reported to have said pretty openly,
he would prevent its being of any use to
the fanatics in Fife. This opposition to
any favour to presbyterians, delayed the
granting it for some days, and there was a
committee named, to whom the king s letter
was referred. The act of reference is, " The
lords of his majesty s privy council appoint
the lords archbishops of St Andrews and
Glasgow, the lord duke of Hamilton, the
earls of Argyle, Tweeddale, Kincardine, and
Dundonald, ( i. e. the lord Cochran, whose
patent for earl of Dundonald is read in
council, June 3d this year,) the lord presi
dent, register, advocate, and lord of Lee, or
any five of them, to consider the foresaid
letter, and of the fittest way how the king s
pleasure herein may be made effectual, and
to report, and recommend it to the chancel
lor to be present at the meetings of the said
committee." In this interval, the lords of
the clergy, and some of their orthodox minis
ters, had a meeting to fall upon means to
hinder the indulgence, which they appre
hended would be ruining to their interest.
No practical measures could be proposed to
prevent it altogether, since the king had
made known his pleasure : but bishop Sharp,
to comfort his brethren, promised to do his
utmost to make it a bone of contention to
the presbyterians. Indeed he wanted not
abundance of serpentine subtility ; and when
his attempts to break it altogether failed, he
set himself with all vigour to have it so
clogged from time to time, as to break
ministers and people of the presbyterian
judgment among themselves.

The committee named to ripen this mat
ter, had before them the fixing upon the
ministers to be indulged, and the draughts
of the council s acts thereanent ; and when
these are ready, and the ministers advertised,

132

THE HISTORY OF THE SUFFERINGS

[BOOK II.

with whom they wore to begin, this
was laid before the council, and
approven. I shall give the acts and ministers
names, as I find them standing in the coun
cil books, and add any thing I find further
noticeable from other papers. "July 27th,
the lords of his majesty s privy council, in
pursuance of his majesty s letter, dated June
7th, do nominate and appoint the following
persons to preach, and exercise the other
functions of the ministry at the following
vacant kirks underwritten. Messrs Ralph
Rogers, late minister at Glasgow, at Kil win
ning; George Hutchison, late minister at
Edinburgh, at Irvine ; William Vilant, late
minister at Ferric, at Cambusuethan ; Ro
bert Miller, late minister at Ochiltree, at
the same kirk ; Robert Park, late minister
at Stranraer, at the same kirk; William
Maitland, late minister at Whithorn, at
Beith; John Oliphant, late minister at
Stonehouse, at the same kirk ; John Bell,
late minister at Ardrossan, at the same kirk;
John Cant, late minister at Kells, at the
same kirk ; John M Michan, late minister at
Dairy, at the same kirk. (Also) " The
lords of his majesty s privy council, in pur
suance of his majesty s pleasure in the said
letter of June 7th, in his majesty s name and
authority, command and ordain all such
outed ministers, who are or shall be appoint
ed to exercise the ministry, that they con
stitute and keep kirk-sessions, and keep
presbyteries and synods, as was done by all
the ministers before tlie year 1638. And the
council declare, that such of them who do
not keep presbyteries, shall be confined
within the bounds of the parishes where
they preach, ay and while they give assur
ance to keep the presbyteries. The council
does strictly command and enjoin all who
shall be allowed, as said is, not to admit any
of their neighbour or other parishes unto
their communions, nor baptize their children
nor marry any of them, without the allow
ance of the minister of the parish to which
they belong, unless the parish be vacant for
the time, not to countenance the people of
the neighbouring or other parishes, in re
sorting to their preachings, or deserting
their own parish churches : and that here
unto these give due obedience, as they shall

be answerable. And ordain these presents
to be intimated to every person who shall,
by the authority aforesaid, be allowed the
exercise of the ministry."

Thus the matter of the indulgence, as
coming from the council, stands ; and I
shall give an account of all the rest of the
persons indulged together, if once I had
considered the circumstances of the first
ten, when they receive their allowance from
the council. All the accounts I have seen,
make it the 3d of August this year, when
the above named ministers, and with them
Messrs John Scot, William Hamilton, and
others in the following list of this day s
date, appeared before the council: but I
I find nothing in the books of council of this,
neither the copy ef acts of indulgence given
them upon this day, inserted from other
accounts, which I find no ground to ques
tion.

The ministers when come to Edinburgh,
after consultation among themselves, and as
many of their brethren as they could have
access to, agreed to make a declaration to
] the council, against what had the appearance
of evil in their indulgence, and laid it upon
j Mr George Hutchison to deliver their mind.
| When they came in before the council, the
chancellor signified to them the king s good
ness in allowing them the exercise of their
ministry, and desired them to manage well,
and told them, the clerk would read and
give them their acts of indulgence. These
were of two shapes; the one was unto such
as were indulged unto other kirks than they
had been formerly settled at. The tenor of
Mr Rogers act, the first in the list of this
kind, ran thus : " The lords of his majesty s
privy council, in pursuance of his majesty s
commands signified the 7th of June last, do
appoint Mr Ralph Rogers, late minister at
Glasgow, to preach and exercise the other
functions of the ministry at the kirk of
Kilwinning." This act was signed by all
the members of the council in town, save
the two archbishops. The other form was
to such of the ministers, as were appointed
to their own churches now vacant: and the
tenor of Mr Millar s, the first in the list of
this sort, follows: " Forasmeikle as the
; kirk of Ochiltree is vacant, the lords of his

CHAP, iv.]

OF THE CHURCH OF SCOTLAND.

133

majesty s privy council, in pursuance of his
majesty s command signified by his letter of
the 7th of June last, and in regard of the
consent of the patron, do appoint Mr Robert
Miller, late minister there, to teach and
exercise the other functions of the ministry
at the said kirk of Ochiltree." This kind
was signed as above ; and both sorts were
delivered, after reading by the clerk, to the
hands of all the ministers present, respec
tively : and after all had got them, the clerk
was ordered to read the act above set down,
dated July 27th, containing what was called,
their injunctions, which was read to them
all. After which, Mr George Hutchison
craved leave from the council to speak ; and
being allowed, delivered himself thus :

" My lords,

" I am desired, in the name of my brethren
here present, to acknowledge in all humility
and thankfulness his majesty s royal favour,
in granting us liberty, and the public exer
cise of our ministry, after so long a restraint
from the same ; and to return hearty thanks
to your lordships, for the care and pains
taken therein, and that your lordships have
been pleased to make us, the unworthiest of
many of our brethren, so early partakers of
the same.

" We having received our ministry from
Jesus Christ, with full prescriptions from
him for regulating us therein, must in the
discharge thereof be countable to him : and
as there can be nothing more desirable or
refreshing to us upon earth, than to have
free liberty of the exercise of our ministry,
under the protection of lawful authority the
excellent ordinance of God, and to us most
dear and precious; so we purpose and
resolve to behave ourselves in the discharge
of the ministry, with that wisdom and pru
dence which becomes faithful ministers of
Jesus Christ, and to demean ourselves to
wards lawful authority, notwithstanding of
our known judgments in church affairs, as
\vell becomes loyal subjects, and that from
a principle of conscience.

" And now, my lords, our prayer to God
is, that the Lord may bless his majesty in
his person and government, and your lord
ships in your public administrations ; and

especially, in pursuance of his ma- lfi _
jesty s mind testified in his letter,
wherein his singular moderation eminently
appears, that others of our brethren may iu
due time be made sharers of the liberty,
that through his majesty s favour we now
enjoy."

So hard a matter is it to please sides and
parties, that in a difficult divided time, such
who essay to take the middle way, ofttimes
displease both. Mr Hutchison s discourse
was by some thought too soft and general,
and not a sufficient testimony against the
plain erastianism that appeared in the king
and council s procedure ; and upon the other
hand it fretted and galled some of the coun
sellors, as being too plain. When the design
was going on to indulge some more minis
ters, it was resolved by some of those who
were next to appear before the council, to
deal yet more plainly with them, as to their
mission and instructions being allenarly from
Jesus Christ. This took air, and the coun
sellors who were offended at the former
speech moved one day in council, that such
as should be indulged, should no more be
brought before the council, but have their
acts of favour sent them.

I shall now give the names of such who
were indulged at other council-days this
year, all together with their dates. They
had the same acts sent to them, and the
same injunctions intimated to them as above.
Besides the first ten indulged, July 27th,
there were indulged and allowed : August
3d, Messrs John Scot, late minister at
Oxnam, there ; William Hamilton, late min
ister at Glasford, at Evandale; Robert
Mitchell, late minister at Luss, there ; John
Gemble, late minister at Symington, there ;
Patrick Campbel, late minister at Inverary,
there ; Robert Duncanson, late minister at
Lochanside, at Kildochrenan ; Andrew Ca
meron, late minister at Kilfinnan, at Loch-
head in Kintyre. September 2d, Messrs
Robert Douglas, late minister at Edinburgh,
at Pencaitland ; Matthew Ramsay, late min
ister at Kilpatrick, at Paisley; Alexander
Hamilton, late minister at Dalmeny, there ;
Andrew Dalrymple, late minister at Auchin-
j leek, at Dalgen ; James Fletcher, late minis-
; ter at Newthorn (Neuthorn), there; Andrew

THE HISTORY OF THE SUFFERINGS

[BOOK II.

1669.

M Lean, late minister at Craignies,
at Kilchattau; Donald Morison,
late minister at Kilmaglass, at Ardnamur-
chan. September 30th, Messrs John Stir
ling, late minister at Edinburgh, at Ilownam ;
Robert Movvat, late minister at Temple, at
Heriot; James Hamilton, late minister at
Eaglesham, there ; Robert Hunter, late min
ister at Corstorphiue, at Dinning ; John For
rest, late minister at Tulliallan, at Tillicul-
try. December 9th, Messrs James Veitch,
Lite minister at Mauchlin, there ; Alexander
Blair, late minister at GaLston, there ; John
Primrose, late minister at Queensferry,
there ; David Brown, late minister at Craigie,
there; John Crawford, late minister at

, at Lamiugton. December 16th,

Mr John Baird, kte minister at Innerwick,
at Paisley. January 1st, 1670, Mr William
Tullidaff, late minister at Duuboig, at Kilbir-
nie. January 27th, Mr Alexander Wedder-

burn, kte minister at , at Kilmarnock.

March 3d, Messrs John Lawder, late
minister at Dalziel, there ; George Ramsay,
late minister at , at Kilmauers ; John
Spaldin, late minister at , at Dreg-
horn ; Thomas Black, late minister at ,

at Newtile; Andrew M Lean, kte minister
at , at Killaro and Kilquhanan ; An
drew Duncanson, late minister at ,

at Kilchattan in Lorn.

These are such as I have met with, who
had the favour of this first indulgence, two-
and-forty in all. I shall only add the coun
cil s acts anent Mr Robert Dougks, and
Mr John Baird, as being a little distinct
from the rest. That for Mr Douglas runs,
September 2d, " Forasmuch as the kirk of
Pencaitknd is vacant by the death of Mr
Alexander Verner, late minister there, and
a process depending anent the patronage of
that kirk, and the kirk will vaik if remeed
be not provided ; the lords of council have
thought fit, in pursuance of the king s letter,
for this time, and during this vacancy, to
appoint Mr Robert Dougks, late minister
at Edinburgh, to preach, and exercise the
functions of the ministry thereat, but preju
dice of the patronage, when declared by the
judges ordinary." The act anent Mr John
Baird, is dated December 16th, and runs
" The lords of his majesty s privy council

considering, that Mr Matthew Ramsay, who
is appointed to preach, and exercise the
function of the ministry at Paisley, is not
able of himself, by reason of infirmity of
body, do, iu regard of the patron s consent,
and that of Mr Matthew Ramsay, appoint
Mr John Baird, kte minister at Innerwick,
to preach and exercise other functions of
the ministry at Paisley."

No more offers to me this year anent the
indulgence, unless it be an act of council,
December 29th, which, I imagine, has some
reference to this. Its tenor is, " The coun
cil being dissatified with the transaction
between the parishioners of Stewarton and
their minister, Mr Alexander Ogilvy, where
by he hath agreed to desert the said kirk,
declare they will not allow the cure at the
said kirk to be served in any time hereafter,
but by persons of loyal and orthodox prin
ciples." It would seem, that upon the
granting indulgences to so many parishes,
others who were overlooked, offered the
curates a piece of money to leave them;
and some of them were willing enough to
do it, and to try their fortune elsewhere ;
and by this act the council endeavour to pre
vent these transactions.

Thus I have given a plain narration of
matter of fact, as to this first indulgence,
from the public papers I have met with.
This was the first, and, as many thought,
the best shape in which this public favour
to presbyterians stood. The bishops feared
it, and opposed it very much ; and when no
better could be, they endeavoured to make
it the apple of dissension among presbyteriau
ministers and people. Upon the other hand
it is beyond denial, the Lord, in his holy
providence, had much good to bring out of
it, to the famishing souls of thousands;
and eventually, through the sinful passions,
venting themselves upon all hands, undoubt
edly much evil followed upon it. As it was
very satisfying unto many, in the first reports
of it, so they were much disappointed when
it appeared upon so narrow a bottom, and
clogged so much with restrictions. They
lamented that it flowed from the exercise of
regal supremacy, which none of the takers
professed any way to alloAv of. The want
of the call of the people, or their consent.

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

135

when the patron s was expressed, was gra-
varainous ; and yet nothing is more certain
than that the people most willingly received
the ministers when they came. The minis
ters were required to do evil, but they did it
not, and were made a kind of prisoners in
their own congregations, and their neigh-
hours discharged to partake of their minis
try; yet the prohibition was not obeyed.

Very knowing, judicious, and solid Chris- j
tians and ministers differed in their senti
ments of this indulgence. Upon the one
hand it was looked upon as the opening a \
door to a larger and clearer liberty unto
the presbyterians in Scotland ; and indeed
grounds were not wanting at this juncture, !
for entertaining views of this sort : but in
the event it proved otherwise. Its first
appearance was fairest, and afterwards it
turned darker. Further, it was said to be
a mere removal of the unjust restraint put
upon ministers by the council s act at Glas
gow, and a nullifying of the prelates sen- |
tences of deposition, pronounced against such |
who were not reached by that act ; neither i
of which the ministers had ever submitted ;
to, but in so far as they were forced by
violence. Upon the other hand it was
reasoned, that the laws now in being, having
cassed and rescinded the act for the refor
mation-privileges of this church 1592, and
those since the (year) 1638, and taken ,
away the intrinsic power of the church, and
its due constitution; the council s actings, in |
consequence of this rescission, could not
but be highly Erastian, in transporting
ministers, fixing relations to other congre
gations, and restricting and limiting them in
the exercise of their function. It was urged,
that the indulgence would never have been |
assented to in council, had not its advocates i
made it out, that it would weaken, if not ,
ruin presbyterians, by breaking that close j
correspondence and harmony they had )
hitherto maintained among themselves, by
their being precluded from new ordinations,
which was what the bishops feared above all
things ; and by their being bound up from
visiting the country, and watering the people
np and down, who were dissatisfied with
prelacy. Lastly, it was feared that this
license to a few, would be accompanied

with severity to the rest of the min-
isters, and a persecution of that body
of presbyterians up and down, who could
not have access to the ministry of the in
dulged ; and might now come to be de
prived altogether of the gospel. Within
a little indeed the presbyterian ministers
were banished from Edinburgh, and conven
ticles punished with greater rigour; yet it is
sure they increased under this indulgence.

Notwithstanding of those different senti
ments, in a matter which indeed could only
be fully judged of by its fruits and conse
quents complexly taken, yet it seemed
agreed to, almost by everybody, that, in this
troubled slate of the church, ministers might
warrantably accept of this liberty to preach
in their own congregations, from which they
had been violently forced, or in other places,
until a door was opened in providence, to
return to their own charges, provided a due
testimony were given against the manner of
granting this favour, which all reckoned
gravaminous. Accordingly, the whole min
isters pitched upon were willing to accept ;
and, by the consent of their brethren, the
whole presbyterians through Scotland,cheer-
fully submitted to their ministry, as they
had access. Matters continued thus as far
as I can learn, till some of the banished
ministers in Holland, perhaps at first upon
misinformations, or at least incomplete
accounts from Scotland, some time after
this, wrote over some letters, and sent home
some reasons against joining with the
indulged. This began a flame, which, by
degrees, rose to a very great height. It
must be owned, the Lord eminently counte
nanced the labours and ministry of the in
dulged ; and they could not but acknowledge
they had as great and sensible assistance in
the work of the gospel, as ever they had
formerly known ; and their success among
their hearers was not small : so, whatever
scruples came, in process of time, to be
raised among some of the people ; yet the
bulk of presbyterians kept by them, and
persons of rank went on to use their utmost
interest with the council to have more and
more indulged ; till, about half a year after,
the council shut the door, and would allow
no more. The difficulties they met with,

136

THE HISTORY OF THE SUFFERINGS

[BOOK II.

and further pressures laid upon
them very quickly, will come to be
noticed in their own place, next year.

SECT. HI.

Of the proceedings of the parliament, which
sat down October 19th, 1669, in as far as
they relate to the church.

I COME forward to the acting s of the parlia
ment, which succeeded the indulgence, and
passed such laws as were to the prelates
some way a balance to it ; and shall give
some account of them all together, and then
gather up several particulars throughout this
year, I have hitherto passed, of design to
put them together in the last section. The
great design of this session of parliament,
was, to give some beginning to a project
now on foot, in order to an union with
England. This matter being mostly civil, I
leave it very much to such who write the
history of this reign. It was thought by
the most discerning persons, that this pro
jected union was designed for advancing
arbitrary government, and the encroaching
upon the liberties of the house of commons
in England, who at this time made a stand
against court measures. The lovers of li
berty did then apprehend, that two distinct
parliaments were less liable by far to be
brought into arbitrary measures, than one
united parliament. Accordingly, next year,
after the Scots parliament had given into
the king s measures, and empowered him to
nominate commissioners for Scotland, the
commons in England turned peremptorily
jigainst it, and could not be brought into
what they reckoned eversive of their own
constitution.

A proclamation was issued out, July 15th,
for calling a new parliament ; and care was
taken to dispose the elections so as the king ;
and the bishops might be exactly served, j
and any arbitrary and illegal steps taken by j
the council, approven. I find the king s
advocate, September 2d, is ordered by the i
council, to pursue before the parliament, a j
process of forfeiture against those guilty of
rebellion, 1666, who are excepted forth of
his majesty s indemnity, and are not already

forfeited, or had not received his majesty s
remission. And, October llth, Lander-
dale s commission to represent his majesty
in this parliament, is read, and recorded in
the council registers. October 19th, this
session of parliament was opened with read
ing the king s letter, which relates only
almost to the designed union.* The com
missioner, who is intrusted with this great
affair, in a speech, which is in print, recom
mends this matter most earnestly ; and, to
engage the bishops and their party in par
liament, whom he had grated a little in the
business of the indulgence, to fall in the
more heartily, " He insists at great length
upon the king s fixed resolution, unalterably
to maintain episcopacy ; he commends it
highly, and assures them the king will not
allow of conventicles, especially since he
had granted an indulgence, and presseth the
bearing down of them : and, at the conclu
sion of his speech, effectually to carry the
prelates to his side, he again repeats all the
assurances formerly given in their favour."
The parliament, in their return, which is
likewise printed, take notice of the king s
letter in every branch of it, and express
abundance of loyalty ; but do not notice the
commissioners harangue anent the bishops.
All the members sign the declaration, which
obliged them to maintain episcopacy. Gene-

" Lord Lauderdale s speech ran upon two
heads. The one was, the recommending to their
care the preservation of the church, as establish
ed hy law ; upon which he took occasion to
express great zeal for episcopacy. The other
head related to the union of both kingdoms.
All that was done relating to that, was, that an
act passed for a treaty about it. And in the
following summer, in a subsequent session, com
missioners were named, who went up to treat
about it. But they made no progress ; and the
thing fell so soon, that it was very visible it was
never intended in good earnest." Burnet s His
tory of his Own Times, vol. i. pp. 417, 418.

Being satisfied that the above is a just and
true statement of this case, we do not think it
advisable to lumber our pages with any more
particular detail of this affair. The reader,
who is curious to see with how much seeming
seriousness self-interested men, of whatever
rank they may be, can talk when they mean
nothing, m;iy consult Mackenzie s History of
Scotland, where they will find the letter here
alluded to, a long speech of Sir George Mac
kenzie s on the subject of that letter, together
Avith minutes of the proceed ings of the commis
sioners appointed to carry that project into effect,
pp. 143155, 193 21 1. Ed.

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

137

rally they had taken it before, for there was
no great alteration of members from the
last parliament. I restrict myself to their
actings with relation to the church and
presbyterians ; and there are only a few acts
which look this way.

Their first act this session is, that re
markable and highflying one, " asserting his
majesty s supremacy in all cases ecclesiasti
cal, and over all persons;" which I have
insert below.* What hath been observed
in the former book, upon the oath of alle
giance, as it was termed, the declaration,
and the acts of parliament 1662 and 1663,
will save me the trouble of many things
which might come in here ; yet so odd and
extraordinary an act natively offers not a
few remarks.f Such who violently opposed
the indulgence, tell us, this act was framed
to save the council from the treason they
were guilty of, by granting it contrary to

standing laws and acts of parliament.
Indeed several acts of parliament do
seem to run cross to it : the act of restitution,
1662, says, " That all church power is to be
regulated and authorized in the exercise
thereof, by the archbishops and bishops,
who are to put order to all ecclesiastical
matters and causes, and to be accountable
to his majesty for their administration."
And by the 4th act of that same session of
parliament, it is expressly ordained and
statuted, " That none hereafter be permitted
to preach in public, within any diocese,
without the license of the ordinary." And,
act 1st, sess. 3d, 1663, the king seems to
bind up himself in this matter, and promises,
" Not to endure, nor give way or connivance
to any variation from the established church
i government." And the same act recom-
j mends it to the council, " To punish all
preachers without the bishop s license, &c.

* Act anent the supremacy, "November 16th, 1669.

The estates of parliament having seriously
considered, how necessary it is, for the good and
peace of the church and state, that his majesty s
power and authority, in relation to matters and
persons ecclesiastical, be more clearly asserted
by an act of parliament, have therefore thought
fit it be enacted, asserted, and declared ; likeas,
his majesty, with advice and consent of his
estates of parliament, doth hereby enact, assert,
and declare, That his majesty hath the supreme
authority and supremacy over all persons, and
in all causes ecclesiastical within this his king
dom ; and that by virtue thereof, the ordering
and disposal of the external government and
policy of the church, doth properly belong to his
majesty and his successors, as an inherent right
to the crown ; and that his majesty and his
successors may settle, enact, and emit such
constitutions, acts, and orders, concerning the
administration of the external government of
the church, and the persons employed in the
same, and concerning all ecclesiastical meetings,
and matters to be proposed and determined
therein, as they in their royal wisdom shall
think fit; which acts, orders, and constitutions,
being recorded in the books of council, and duly
published, are to be observed and obeyed by all
his majesty s subjects, any law, act, or custom to
the contrary notwithstanding : likeas, his ma
jesty, with advice and consent foresaid, doth
rescind and annul all laws, acts, and clauses
thereof, and all customs and constitutions, civil
or ecclesiastic, which are contrary to, or incon
sistent with his majesty s supremacy, as it is
hereby asserted, and declares the same void and
null iu all time coming.

f This act was abhorred by all parties, and
seems to have been a mere state trick, intended
to lay the ecclesiastical power, whoever might
exercise it, at the feet of the civil. Burnet was

II.

of opinion, it was a contrivance of Lauderdfile,
who, having found out the secret of the duke of
York s religion, intended, by laying the church
of Scotland at his mercy, to pave the way for
that line of conduct which, on his accession he
adopted; and thus to secure himself in his
favour. Burnet s History of his Own Times,
vol. i. pp. 418, 419. Sharp, we are told by Mac
kenzie, preached to this parliament, the first
Sabbath after the archbishop of Glasgow had
been confined, on which occasion he stated three
pretenders to supremacy, the pope, the king, and
the general assembly of the presbyterians, all
whose several pretences he disproved at great
length, " for which," adds the historian, " it
was thought he had been turned off if the arch
bishop of Glasgow had not suffered so lately,
but occasion was taken from this, to propose in
the articles that his majesty s supremacy should
be yet more fully explained by act of parliament,
that no scruple might remain from the extrava
gant insinuations of either the jure-dirino epis-
copist or presbyterian. Most of the lords of the
articles inclined to the motion, because by this,
all the government of the church would fall in
the hands of Laics, and especially of counsellors,
of which number they were, and the nobility
had been in this, and the former age kept so far
under the subjection of insolent church men,
that they were more willing to be subject to
their prince, than to any such low and mean
persons as the clergy, which consisted now of the
sons of their own servants or farmers, and the
bishops had so far and so often insinuated when
his majesty was zealous for their hierarchy, that
all power resided in him, and that presbytery was
antimonarchical, because it restrained this his
just power, as that now the people were induced
to believe that the government of the church
was but an arbitrary policy, which the magis
trate might alter as he pleased." Mackenzie s
History of Scotland, pp. 159, 160. Ed.

138

THE HISTORY OF THE SUFFERINGS

[COOK II.

as seditious persons." From these
it would appear, that the king and
privy council had taken upon them to cass
those acts of parliament : and, as was now-
ordinary, the voters in council needed a new
act of parliament to save them from guilt in
this respect. The two archbishops indeed
pleaded the indulgence was contrary to law,
and would never be present, or vote in any
thing relative thereto. But I do not think
the lords of council were in any great appre
hensions of their hazard this way. The king s
will was declared by the parliament to be
their law. The bishops were in their man
agement of church affairs entirely subjected
unto the king , their power was entirely
derived from the supremacy, and all with
respect to the church had been very fairly,
though most iniquitously, put into the king s
hand ; and the counsellors, by the present
unhappy constitution, seem safe enough,
since the king was made absolute, and par
liaments and their acts were but pieces of
form, especially as to ecclesiastical matters.
The real spring of this act anent the supre
macy, seems to have been the little sputter
made by the archbishop of Glasgow, and
his diocesan synod, this year, against the
exercise of the supremacy, when it struck
against them; of which some account shall
be given in the following Section.

To return to the act itself, the narrative
containing the reason of making this act
now, is, " The good and peace of the church
and state, which required a clear assertion
of his majesty s power, in relation to matters
and persons ecclesiastical." How far the
procedure at Glasgow needed such an asser
tion, I shall not say: but how the good and
peace of any right constitute church, can be
advanced " by the utter removal of all
church power," I cannot see. It was well
known however, our managers opened so
plainly against all power ecclesiastic, this
positive discovery of the mind of the im-
posers, did very much put an end to the
former debates about the oath of allegiance,
as it was called ; and is so plain a sense put
upon it, that it does not appear how any
after this, who had not abandoned our
reformation, yea, the owning of all spiritual
power in the church, as a Christian society,

i could fall in with it. What follows in
I the assertory part of the act, " supreme
authority and supremacy over all persons
and causes ecclesiastical," is as full as words
can make it, and hath been already con
sidered. \Vhat is comprehended in the
" external government and policy of the
church," I do not well know; but all
included in that, is now to be disposed
according to the " royal wisdom ;" and if the
wisdom of the world, to which the things of
God are foolishness, think proper to take
away all external government and policy,
certainly the king is here empowered to do
so. If he shall see good to remove the
lords the bishops, I know not how they car
well complain, since they have consented to
it. If a parity in the government of the
church be found best, the king hath a door
set open to him : but the prelates, no doubt,
were persuaded of better things concerning
the king. Yea, if royal wisdom should see
good, as some of the king s predecessors
had done, to write letters unto the holy
father the pope, if he should be owned as
the universal bishop and centre of unity to
the western churches, if his authority and
jurisdiction should be again introduced ; all
is but what the law permits to be done;
none of the clergy who went into these
measures must complain, and probably few
of them would.

Though so vast a power was found proper
to be lodged in the hands of so religious
a prince as king Charles II. yet, who knew
who was to be after him, " a wise man, or a
fool ?" It appeared then very hard to all
real protestants, that such a trust was put
likewise in the hands of his successors ;
especially when the apparent successor was
a papist, and his principles obliged him, and
this act allowed him to put this church, as
to its government and policy, in the hands
of the pope. I own, if that which follows
were true, that this disposal of the govern
ment and policy, " is an inherent right in
the crown," it must natively devolve with
the crown to the successors: but I hope,
none who read the Bible with any reflection,
will allow this to inhere in any crown, but
his " on whose head are many crowns."
" That the king and his successors may

CHAP. IV.J

OF THE CHURCH OF SCOTLAND.

139

settle, enact, and emit such constitutions
anent church government, persons employed
in it, ecclesiastic meeting s, and matters to
be proposed and determined therein, as they
in their royal wisdom shall think fit," is such
a thrust at the very being of a church, as an
organized body with a head, and a modelled
spiritual society, that I doubt if ever a
greater was given under colour of law. A
set of gentlemen of the principles of the
" Talc of a Tub," the " Rights of the Chris
tian Church," the " Essay on Free Think
ing," and others who -are " a new increase
of sinners," unknown to former times, might
be excused, had they sat in our parliament :
but for Scotsmen, many of whom had taken
the covenants, and known better things, to
enact such a law, is somewhat more than
surprising. The sovereign may act, not
only in the government and discipline of
the church, which by this law are mere
ciphers, but " in all matters which come
before church judicatories, and make con
stitutions," as he pleaseth, without any con
sent either of church or parliament. I see
nothing to hinder the king acting according
to this power, from establishing a new reli
gion, and palming a new " Confession of
Faith" upon Scotland. This is a grant
paramount to the claims of the pope or a
general council eithef. Indeed nothing of
church poAver that I can see, is kept back
from the sovereign here.

Next, such acts and constitutions of the
" royal pope," being " recorded in the books
of council, and published," be what they
will, are to be implicitly obeyed by all
subjects, without asking questions : and by
virtue of this power, the king and parlia
ment rescind all former acts of parliament,
that is much ; but, which is more, all
ecclesiastical acts, which may be found in
consistent with this erastian power in the
sovereign. It is well this law is a non
habcnte potestatcm, and more than any court
on earth can do, and materially a cassing
and abrogating the scriptural rule.

I shall only further notice, that this act
was not only gravaminous to all presbyter-
iaus, but many of the prelatists themselves
were dissatisfied with it. Mr Collier speaks
of it as strong and comprehensive language;

and Bishop Kennet says, " It was
the dispensing power at the greatest
height, and while indulgence was part ol
the politic of England, all hopes of it were
removed in Scotland." It would seem the
author knew not, that another indulgence
was given in the year 1672. However, the
present set of bishops in Scotland, as far as
I know, what from one view, what from
another, went into it ; yet as many of their
clergy as had a regard to protestant princi
ples, or owned any spiritual power in the
church, and were unwilling to give up all
the rights of the " Christian constitution"
to the civil magistrate, disliked it. How
ever, it passed, and was a very good mean
to advance the present scheme of absolute
government in the state. Slavish principles
very soon introduce tyranny in practice;
and erastianism, as well as popery, is a very
good handle for introducing arbitrary gov
ernment ; and a papacy in the state, natively
leads to tyranny.

This was the first and most remarkable
act of this session, and I find it very
natively followed by the second act, " anent
the militia," wherein the power of arming
the subjects, and raising them in arms, is
likewise placed among the " inherent rights
of the crown :" although by many former
laws weapon-shewing, and the fencible men
in every shire, their being armed for then-
own defence, is declared to be the privilege
of Scotsmen. Thus in the first room our
religious and reformation lights, and next
our lives and civil liberties, are laid at the
king s feet, to be trampled upon.

Their fifth act is, " for the security of the
persons of the clergy," whom the law now
calls orthodox. This upon the matter hath
been already considered, upon the council s
proclamation above to the same effect. I
find it comes to the parliament, from the
privy council. Upon the 20th November,
their records run, " An act to be brought
into the parliament, ratifying two acts in
favours of the orthodox clergy, being read
in council the lords approve thereof, and
ordain the same to be transmitted to the
lords of the articles." This method of
transmitting of acts of parliament from the
privy council, was both needful to the mana-

140

THE HISTORY OF THE SUFFERINGS

[BOOK II.

gers, and of a considerable use to j
them ; but I leave it to be examined
by lawyers. No more observes on the act
itself are necessary : every reflecting person
must see the necessity of all just measures
for the safety of a gospel minister in his
parish : and the clergyman s suitable carriage
to his station, and the rules of it, will be
one of the best guards about him. But this
act, when I read it, appeared calculated to
serve a party, and containing several unreas
onable clauses. It seems hard, that if
wicked people shall attack a minister s
house or person, and his parishioners, if
they do not apprehend and bring to a trial
the persons guilty, be made liable to make
up the minister s damage, with the interest
of it; when, it may be, it was plainly
impossible for them to apprehend the rioter;
and probably they knew nothing about the
attempt, and were never called to assist
their minister when insulted. However,
as those attacks were designed at first for
pretences to keep up a standing army, so
afterwards they became a good handle for
extorting large sums of money from presby-
terian heritors in parishes, perfectly innocent
of these riots; and a good occasion for
some of the poorer sort of the curates, to
get a swinging sum from their parishioners.
No more was to be done, but casting them
selves in the road of a rabble, and endeavour
to get some small thing to be taken out of
their houses, and then, to be sure, they had
it made up with interest, cent, per cent,
profit. However unreasonable this act
appears to be as to the particular congrega
tions where the orthodox clergy were, and
whatever misimprovement some of them
made of it, I would not be understood by
these remarks, to vindicate any irregular
attempts made upon their persons. It hath
been observed, that few or no presbyterians
were engaged in those attempts, as far at
least as my information bears; but if any
were, I leave them to answer for themselves.
Upon the whole it will appear, that nothing
by some was thought too high at this time,
for the orthodox and established clergy,
and nothing too severe for presbyterian
ministers, and the suffering people who ad
hered to them.

The 11 th act of this session, December
15th, 1669, " Concerning the forfeiture of
pei-sons in the late rebellion," deserves a
room in this collection ; and so the reader
will find it below.* It is a ratification of
what the council and justiciary had done
formerly, as we have heard. From the
reading of this act the reader will easily
perceive, its design is to cover and cloak
former illegal and arbitrary actings, when
done. The people concerned were con
scious to themselves they had gone contrary
to practick and reason, in forfeiting gentle
men in absence, and that they had assumed

* Act anent ministers, November SOth, 1069.
Forasmuch as the king s majesty, considering
how just and necessary it was, that the orthodox
clergy should be protected from the violence of
disaffected and disloyal persons, did therefore,
with advice of his privy council, by his royal
proclamations of the loth of March, and 13th of
June, one thousand six hundred and sixty-seven,
command and charge all heritors, liferenters,
and others, having any real interest or rent
within the several parishes of the kingdom, to
protect, defend, and secure the persons, families,
and goods of their ministers, not only in the
exercise of their ministerial function, but in
their dwelling-houses, or being elsewhere within
the parish, from all injuries, affronts, and pre
judices, which they might incur in their persons
or goods from the violence and invasion of any
disaffected, disloyal, or other wicked person : with
certification; if the actors of such outrages should
not be apprehended and brought to trial, by the
means and diligence of the parishioners, the
parishioners should be decerned to pay to the
suffering minister, for reparation, damage, and
interest, such a sum and fine as his majesty s
council should determine, as is more fully exprest
in the said proclamations. And the estates of
parliament, having taken to their consideration
the proceedings of his majesty s council herein,
and finding, that the protection of the orthodox
clergy, and the restraining of the insolency of
disaffected, disloyal and wicked persons at this
time, did require* more nor ordinary means and
care from his majesty s council, have therefore
thought fit : likeas, his majesty, with advice
and consent of his estates, doth hereby ratify
and approve the two proclamations aforesaid,
and the proceedings of his majesty s council in
prosecution thereof, and authorizeth them still to
prosecute the same, as occasion shall offer, until
his majesty in his next parliament give further
orders therein : and it is declared, that this act
is and shall be but prejudice of any former laws
and acts of parliament , made against the invaders
| of ministers, and of the pains therein contained ;
| and particularly the twenty-seventh act of the
i eleventh parliament of king James VI. and
seventh act ofking Charles I. his parliament, in
i anno 1633, which acts his majesty, with advice
: foresaid, doth hereby ratify and approve, and
| declares the same to stand in full force, strength
1 and effect in time coming.

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

141

a parliamentary power, in forfeiting the
king s vassals in the methods they took :
therefore, ex post facto, they must have
this new law to save their bacon. It is
further plain, that in this act there is a
parliamentary forfeiture passed upon those
persons in absence, and, as far as I can
understand, never cited before the parlia
ment, that what the gentlemen had to say
against so extraordinary a step, might be
heard. In the last room it maybe observed,
that a parliamentary right, and power is here
made over to the lords of the justiciary for
the time to come ; to wit, the forfeiting of
all persons of all conditions and ranks in
case of rebellion, or rising in arms upon any
pretence whatsoever. I need not show
how hard this is, to subject the lives and
estates of noblemen, gentlemen, and others,
to the caprice, humour, and party spite of
two or three men ; and all in the absence
of the parties. The rest of the acts of this
session relate to civil matters, in as far as I
have noticed, and so I meddle not with
them. The parliament rose upon the 23d
of December this year. I come now to
cast together several other things relative
to presbyterians during this year, which I
have passed in the former Sections.

SECT. IV.

Of the continued sufferings of some persons
who had been at Pentland, the imprisoned
gentlemen, and some other things this year
1669.

MY accounts of the sufferings upon the
score of conventicles, of the indulgence and
procedure of the parliament this year, have
run to so great a length, that I shall despatch
what further offers, as to the state and suf
ferings of presbyterians, very quickly.

The council s letter to the archbishops
last year Avas noticed, anent the sending in
lists of papists. I find, February 4th, this
year, they bring in some lists, and lay them
before the council ; but it seems their heart
was not so much in that necessary work*
as in hunting down presbyterians ; for the
council record it, that many lists are want

ing, and refer the whole affair to a
committee, whose report I do not
meet with this year; and in prosecution of
an act made last year against quakers, upon
the 24th of June, the laird of Swinton is
sent prisoner to Stirling Castle. How long
he continued there, I know not.

Hardships are continued upon such who
had been concerned in Pentland. Ireland
had been a retreat to some of them; but all
pains was taken to discover them in their
hidings there: and so John Cuningham of
Bedlane came to be apprehended there.
Notice was soon given to our managers, and
he sent over to Scotland. February 4th,
"The council being informed, that John
Cuningham sometime of Bedlane, who
was in the late rebellion, is apprehended by
the lord lieutenant of Ireland, appoint the
magistrates of Ayr to receive him as pri
soner, when sent over." The same orders
are sent to Irvine and Greenock, if he shall
be brought into any of these ports, and
Bedlane is ordered to be forwarded to
Dumbarton Castle. In April, I find he
comes over; and after some little time in
GlasgoAv tolbooth, he is sent to Stirling
Castle : here he continued a long time, and
in Dumbarton Castle, as we may hear upon
the after years.

Upon the 10th of June, the council pass
a sentence of banishment upon Robert
Gibson, Robert Paton, Robert Harper, and
William Cuthbertson. They were brought
in by Major Cockburn, from the parish of
Fenvvick, and the country about, and con
fessed their being at Pentland, and were
ordered to be transported to the plantations.
I hear many others, whose names are not
come to my hand, were served the same
way.

Cannon of Mardrogat, of whom before,
when it is found his discoveries are not so
important as they expected, and yet they
find him willing to serve their purposes,
upon the 7th of January he hath the liberty
of a free prisoner granted him : and upon
September 2d, he gets his remission from
the king, and afterward proved worthy of
it, and not unuseful to the persecutors.
Robert Chalmers, of whom likewise in the

THE HISTORY OF THE SUFFERINGS

[BOOK II.

former years, gives in a petition to
the council, April 6th, and they re
commend him to Lauderdale for a remis
sion ; and upon the 5th of July it is granted.

The west country gentlemen before men
tioned, are this year a little more favourably
dealt with, but still continued in their con
finement. Sir George Maxwell, February
25th, is allowed to stay some time at Edin
burgh about his necessary affairs; and upon
March 4th, the council prolong his liberty
to continue there till May ; and, upon May
5th, it is continued till June : and Cuning-
hamhead, upon the 25th of February, is
allowed by the lords to go to his house at
Kirreluw, until the 15th of March, and that
to search for some writs which nearly con
cern his affairs. This is all I find about
them, till the end of this year, these Avorthy
gentlemen were put to no small trouble and
charges, in petitioning for these little favours
now and then granted; and I take them to
have been still in prison at Stirling, except
at these times forementioned. Another
gentleman I have not met with before,
brought under confinement from mere jeal
ousy and suspicion, without any thing laid
to his charge, which has come to my know
ledge, is colonel Robert Barclay. July 29th,
the council, upon his petition, allow him to
reside at his own house at Urry, and confine
him within three miles about it, until
January next : and in August 1670, I find
the council take off his restraint. This is
all I have anent him. This year likewise,
the council now and then are doing some
acts of justice to gentlemen, and others,
who had been oppressed by Sir William
Bannantyne. Upon the 8th of July, I find,
upon a petition, Gilbert M Adam of Water-
head, is ordered to receive up from the clerk
one bomi of six hundred merks, and another
of seven hundred merks, extorted by vio
lence from him by Sir William : and upon
the 29th of July, Wallace of Camel, in the
shire of Ayr, gets up a bond of his, extorted
by the same man. Many other of Sir Wil
liam s oppressions escaped the council, and
cannot now be recovered.

When the indulgence was resolved upon,
and about the time of the granting- of it,

some lenity was shewed to some presbyte-
rian ministers, who had been long confined,
and had no occasion to keep conventicles,
save in their rooms in the prison, whither
some came and joined with them in worship.
Thus Mr Thomas Wylie, of whom before,
after he had been, since the (year) 1663, or
1664, confined to Dundee, and in October
1667, had been permitted to come besouth
Tay, with an express prohibition to come
within four miles of Edinburgh, is, May
this year, allowed to come to Edinburgh
about necessary affairs ; and, June 4th, his
liberty is continued without a day, upon his
giving bond to appear before the council,
when called. This way several of the min
isters and others got out their long confine
ments. August 3d, the privy council being
informed of the sober and good carriage of
Mr Robert Duncan, late minister at Dum-
barny, under his confinement, and that he
hath been under restraint for several years,
take off the restraint, and declare him free
to go about his lawful affairs. And, Sep
tember 1st, Mr Donald Cargill gives in a
petition to the council, begging that his
confinement beyond Tay, may be taken off,
and he allowed to come to Edinburgh about
law affairs. The council allow it to be
taken off providing he enact himself not to
reside within the town of Glasgow, upon
any occasion whatsomever, nor in the town
of Edinburgh and suburbs thereof, without
warrant from the lords of session and
exchequer.

I cannot leave the history of this year,
without taking notice of some actings of the
archbishop of Glasgow, and his diocesan
meeting there, at this time, about the king s
supremacy, which made a very great noise,
and issued in the demission of the arch
bishop, and a council process against two of
the members of the synod. Most part of
this account I shall draw from the records
of the council. The greatest part, by far,
of the indulged ministers, were in the bounds
of the diocese of Glasgow; and the liberty
granted to presbyterian ministers, did exceed
ingly gall the bishop and his underlings.
Accordingly, when they meet in their synod,
in September this year, the bishop and they

CHAP. IV.

OF THE CHURCH OF SCOTLAND.

143

agree upon a paper, entitled " A Remon
strance."* I have not seen it; but by
papers writ about this time, it is said to
contain a heavy complaint against the indul
gence, and the council s placing persons,
lying under ecclesiastic censures, into the
ministry at their old charges, or elsewhere,
when neither the bishop or synod had ever
given the least shadow of relaxation from
those censures. This paper likewise bore
pretty hard upon the king s supremacy in
ecclesiastic matters; and no great regard
was shown in it, either to the acts of par
liament made about this, or the oaths the
members of the synod were under to main
tain and support it. The prelates and
" passive obedience" gentlemen, when the
sovereign goes their way, have nothing but
the praises of the prerogative, and unlimited
power of the prince in their mouth; but
when they are crossed, and touched in their
own tender points, they can kick and fling
against a court, as well as others. As long
as the king s supremacy was exerted for the
inbringing, support, and maintenance of the
bishops, none are so fond of it as they ; and
it is preached up as an inherent right of the
crown, and what not. Let the tables be
turned but a little, and a few presbyterian
ministers indulged, and some restraint laid
upon their persecuting spirit, " nature rebels
against principle," and the passive prelates
alter their note. How happy a thing is it,
when all matters and persons are kept
within their just and reasonable limits and
boundaries !

Such a paper as this could not but very
soon make a noise, being so plain an attack
upon the managers; and so 1 find, upon the
last of September, the council have this

* " A copy of this was procured by indirect
methods, and it was sent up to court. As soon
as the king saw it, he said it was a new western
remonstrance, and he ordered that Burnet should
not be suffered to come to the parliament, and that
he should be proceeded against as far as the law
could carry the matter." Burnet s History of
his Own Times, vol. i. p. 417. " Nor was this
paper," says Sir George Mackenzie, " less sedi
tious than the remonstrance, nor the archbishop
of Glasgow, more innocent than James Guth-
rie, for both equally designed to debar the king
from interposing any way in the affairs of the
church." History of Scotland, pp. 157, 158 Ed.

affair before them. I shall insert

1669.

their own words. " The lords of
privy council being informed, that, in the
late synod holden at Glasgow, some papers
were agitated, debated, and passed, under
the name of petition, remonstrance, or griev
ances, which may tend, in the consequences
thereof, to the prejudice of his majesty s
authority, and of the peace of his govern
ment; they do therefore recommend to, and
require the lord archbishop of Glasgow,
forthwith to call for the foresaid papers, in
whose hands soever they be, and to present
i them before the council, at their meeting
October 14th next. As also, that he require
Mr James Ramsay, dean of Glasgow (the
deans of Hamilton, where he now was, were
deans of Glasgow likewise, as I am told)
and Mr Arthur Ross, parson of Glasgow,
who were the persons who formed and
drew these papers, and were nominated for
presenting and prosecuting the same, to
compear before the council the same day :
and further, require the archbishop to
produce before the council, the day foresaid,
the clerk of the synod, and the public
records thereof, with all the minutes, votes,
and acts passed therein; and that he take a
special care that no copies be given of these
papers, nor no further proceeding therein,
nor prosecution thereof, until the lords of
his majesty s privy council, having seen and
considered the same, give further orders
thereanent," I find the archbishop is in
this sederunt of council, and it is the last
time I find him there for several years.
Upon October 14th, the commissioner Lau-
derdale produceth before the council, a
paper sent by the archbishop of Glasgow ;
and, after reading it, it is remitted to the
consideration of the following committee,
duke Hamilton, earls of Tweeddale and Kin
cardine, the register, advocate, and the
chancellor, who is supernumerary. Their
report is made, October 16th; and the
council form the following act " condemning
a paper passed in the synod of Glasgow."

" Forasmuch as the lords of his majesty s
privy council being informed, that in the
late meeting of the archbishop, and a part
of the synod of Glasgow, there was a paper
agitated and passed, in name of the arch-

144

THE HISTORY OF THE SUFFERINGS

[BOOK II.

bishop and synod, tending, in the
consequences thereof, to the preju
dice of his majesty s authority, and the peace
of his government, did ordain the same to
be produced before them: which being
accordingly no\v done, and owned by the
archbishop, dean, and parson of Glasgow,
to be the true paper; and the council having
considered the same, and having also con
sidered the depositions of the said dean and
parson of Glasgow, who were employed in
the drawing thereof, do find and declare the
same to be, in itself, a paper of a dangerous
nature and consequence, tending toward the
depraving of his majesty s laws, and miscon-
structing of the proceedings of his majesty
and his council, and in the manner of con
veying thereof, to be most illegal and un
warrantable; and do therefore ordain the
same to be suppressed, and no copies thereof
to be kept by any; and discharge all his
majesty s lieges, of what quality or function
soever, from owning or countenancing the
said paper, or any other paper or purposes
of that nature hereafter, under the pains
contained in the acts of parliament made
thereanent; and desire his majesty s com
missioner, humbly to offer his majesty an
account of their proceedings in this matter,
together with the paper itself, to the end
his majesty may declare his further pleasure :
and ordain the clerks of council to deliver
up to his majesty s commissioner, the prin
cipal paper passed in the synod of Glasgow,
with the depositions of the dean and parson
of Glasgow thereanent, and an extract of
this act of council to be transmitted to the
king.

When this matter was considered by the
king, a letter came down about December,
laying aside archbishop Burnet from acting
any more as archbishop of Glasgow. He
must submit to the royal supremacy, the
author of his being, as a bishop. His own
vote, that the management of the external
government and policy of the church, and
the ordering of all church affairs belonged
to the crown, bound him doAvn to this piece
of passive obedience.* Accordingly, Ja-

* Burnet remarks, " by the act of supre
macy, the king was now master, and could turn

nuary 6th, 1 670, the commissioner represents
iii council, that the archbishop of Glasgow
had demittcd his office and dignity in his
majesty s hands, and desired his name might
be put out of the rolls of council, as being
no more a member of it. Mr James Ram
say dean of Hamilton, and Mr Arthur Ross
parson of Glasgow, the bishop s great tools
in the remonstrance, were examined very
narrowly by the council ; and as we have
heard, declared all they knew, upon oath ;
and, after having owned their fault, and got a
reprimand from the council, the king pardons
them, and they are remanded back to their
charges : but the archbishop is made a sacri
fice to the royal supremacy, and falls, for a
while, a kind of joint confessor with suffering
presbyterians. Nee lex estjustior ulla, &c.
And, for some years, Mr Robert Leighton,
bishop of Dumblane, had the archbishopric
of Glasgow in commendam, till Burnet was
restored again ; which, as was then believed,
was by gross simony. And that I may cast
the whole of this together, the archbishop s
restoration was said to be thus. The
bishop s daughter was married to the heir
of the estate of Elphinston, and had a very
large annuity secured upon the estate ; her
husband died very quickly from her: the
gentleman who fell next to the lordship of
Elphinston, came in suit of my lord Hal-
toun s daughter. My lord knew very well
how to bestow his children, and was unwil
ling to engage in an estate so considerably
burdened with the bishop s daughter s join
ture. At length this expedient is fallen on;
the young lady is prevailed upon to give a
discharge, and make a renunciation of her
jointure upon Elphinstou s estate, and my
lord Haltoun found means to get the arch
bishop her father restored to his office and
benefice. This made some say, that the
bishop s money, who gave his daughter an
equivalent, was taken, and that of Simon
Magus was not. From this account we
may notice, how much a stranger to this
affair Mr Collier is, in the narrative he gives
of it, vol. ii. p. 895. Justly enough he
observes, that the act assertory of the king s

out bishops at pleasure. This h;id its first effect
on Burnet, who was offered a pension if he

CHAP. IV.]

OF THE CHURCH OF SCOTLAND.

145

supremacy, " is permed in strong compre
hensive language :" but what follows does
not agree with the facts already laid down.
" By virtue of this act, Burnet, archbishop
of Glasgow, was dispossessed of his see, and
Dr Leighton put in his place. This re
move was made by the high commissioner,
Lauderdale. However, the court being
sensible that this was pushing the regale to
an unusual extent, gave Leighton only the
title of commendator of Glasgow till arch
bishop Burnet was prevailed with to sign a
resignation : but this, being looked upon as
an involuntary cession, the Scottish bishops
were shocked at it. The archbishop of
Canterbury likewise, and the rest of the
English prelates, thought the common in
terest of their order affected, and that the
episcopal authority was struck at in the
Glasgow precedent. In short they solicited
so heartily in the cause, and represented the
business in so persuasive a manner to the
king, that his majesty revoked his proceed
ings, and archbishop Burnet was restored."
This considerable change in the diocese
of Glasgow made some alteration in the
treatment of presbyterians in the west, as I
shall next year have occasion to observe :
and particularly, it seems to have opened a
door for the setting at liberty the west
country gentlemen, who had been so long
under confinement. Burnet had been a most
violent pusher of the persecution ; and it was
generally believed, that it was through his
influence, and from some base design he had
in view, that several of them were incarcerate
in the (year) 1665. This is certain, that he
had been at court ; and, as soon as he came
home, warrants were issued out for appre-

would submit and resign, and was threatened
to be treated more severely if he stood out. He
complied, and retired to a private state of life,
and bore his disgrace better than he had done
his honours. lie lived four years in the shade,
and was generally much pitied. He was of him
self good natured, and sincere, but was much in
the power of others. He meddled too much in
that which did not belong to him, and (which)
he did not understand, for he was not cut out
for a court or for the ministry, and he was too
remiss in that which was properly his business,
and which he understood to a good degree, for
he took no manner of care of the spiritual part
of his function." Burnet s History of his Own
Times, vol. i. pp. 421, 422. Ed.
II.

hending Cuninghamhead, Rowallan,
and Nether-Pollock, and the others
before named. The gentlemen were living
peaceably at home, expecting no such treat
ment, and a reason Mas never given them,
why they were imprisoned ; and, by all the
informations they could have, the archbishop
was the spring of all their trouble. The
three just now named, we have heard, were
continued under confinement, when others
got out upon the bond of peace, 1668 : and,
towards the end of this year, as far as I
can guess, they gave in the following suppli
cation unto Lauderdale, who was commis
sioner and secretary.

" To the right honourable the commis
sioner his grace, the humble supplication of
Sir William Cuningham of Cuninghamhead,
Sir William Mure of Rowallan, and Sir
George Maxwell of Nether-Pollock, show-
eth, That whereas, being detained more
than these four years prisoners, to our
heavy prejudice in our persons, families and
affairs; and seeing we are, through the
grace of God, still resolved to continue in
all faithful duty and loyalty to our dread
sovereign, and due respect to the peace and
welfare of the kingdom ; may it therefore
please your grace, in consideration of the
premisses, to order our releasement ; where
by your grace shall not more evidence his
majesty s goodness, and your own affection
to his majesty s service, than oblige, to all
thankful acknowledgment, your grace s most
humble supplicants and servants,

" CUNINGHAMHEAD,
ROWALLAN,
NETHER- POLLOCK.

The reader will observe with me, the
caution and faithfulness of those honourable
and excellent confessors for the truth, and
presbytery. Like good subjects as they
were, and still had been, they engage to
continue in all faithful duty and loyalty to
the king, and due respect to the peace of
the kingdom : and yet, as became covenanted
presbyterians, they prudently keep them
selves free of any promises to subject to, or
approve the supremacy and constitution of
the church. Upon this supplication, Lau
derdale, as commissioner and great manager,
T

146

THE HISTORY OF THE SUFFERINGS

[BOOK II.

orders their liberation from Stirling
69 castle, where, I think, all the three
were. I suppose it was much about this
time, that the other two worthy gentlemen,
Sir James Stuart, and Sir John Chiesly,
were liberate, since I find no more account
of them in the council registers after this
year ; but I have no particular accounts of
the circumstances of their liberation.

Nothing more remarkable offers this year,
unless it be two attempts made upon curates
by some persons in the end of the year;
some hints of which I find in the council-
books. " Upon October 20th, the privy
council being informed of a horrid insolence,
committed upon the person of Mr John
Row, minister at Balmaclellan in Galloway,
do ordain all accessory to it, to be cited in
to Edinburgh, to compear before the coun
cil ; and likewise the parishioners of Balma
clellan, to hear and see themselves fined,
and otherwise censured, according to the
acts of council in March and June, 1667."
Mr How s complaint bears, that three per
sons upon the 30th of September, came
into his house in women s clothes, about
nine of the clock at night, and took him out
of his bed, and beat him, and broke up
trunks, presses, &c. and took away what
they pleased. All this is libelled, and Mr
Thomas Warner, James Grier of Milmark
his father in law, Gordon of Holm, Gordon
of Gordonston, John Carsan, and James
Chalmers, heritors there, are charged as
acters, committers, at least contrivers and
assisters, at least, have since supplied or
reset them. The diet being short, and the
distance great, they came not up to the first
day, and were all found guilty upon their
non-compearance, and the heritors and life-
renters of Balmaclellan are decerned to pay
Mr Row one thousand two hundred pounds
Scots, by the council, November 26th. As
soon as these persons, and the other heri
tors from that parish could, they came to
Edinburgh, and appeared before the council,
and offered to stand their trial : but nothing
could be proven against any of them, neither,
as far as I can learn, were any of the parish
concerned in that riot. However, the gen
tlemen were ordered to pay their shares of
the fine imposed. This man Row was

I indeed a very ill instrument in the severities
in that country, and in a little time discov-

j ered what he really was, by apostatizing unto
popery.

Another instance of this nature I find in
a petition from Mr John Lyon, curate at
Orr, in that same country, November 26th.

He complains, that upon the day of

November, three persons came in disguise to
his house, dragged his wife out at the door,
and searched for himself, but missed him,
and spoiled his house. The presbytery
attests the account : and the council decern
the parish to pay six hundred pounds to
him, and order out letters against one John
Smith, alleged to be concerned in this
attempt.

CHAP. V.

OF THE STATE AND SUFFERINGS OF PRESBY
TERIANS IN THE YEAR 1670.

DURING this year, the presbyterians
in the west had some breathing
time, partly by the indulgence, and in part
from the laying aside of archbishop Burnet :
yet the indulgence was, piece by piece, cur
tailed, and rendered as uneasy as might well
be, and conventicles were borne down very
much, and several outed ministers brought
to no small difficulties. The parliament
which sat in July, made new and gravamin-
ous laws; and this year is closed up with a
cunning and ensnaring proposal from bishop
Leigh ton, now enjoying the bishopric of
Glasgow in commendam, for an accommoda
tion and comprehension. Those things may
be materials for the following sections.

SECT. I.

Of the condition of the indulged, the perse
cution for conventicles, the hardships put
upon several ministers and gentlemen this
year, 1670.

WHEN the indulgence could not be prevent
ed altogether last year, the bishops and
their party, now endeavour to make it as
uneasy to presbyterian ministers and people,
as they can. As soon as the council had

CHAP. V.J

OF THE CHURCH OF SCOTLAND.

147

resolved upon the granting that favour, the
prelates laid out themselves to their utmost,
to prevent its taking effect in the places
where it was designed. Vacancies in the
south and west were planted with all pos
sible expedition, that so presbyterian minis
ters might not have access to them ; and
they made no great matter who was put in
upon the people, provided a presbyterian j
minister was held out. The curates when
once planted, were by all methods kept in,
though never so ignorant, vicious, or pro
fane. This I take to be one occasion of the
insults of some angry people, upon some
few of the incumbents, the end of the last,
and this year, which have and shall be
noticed as 1 go through. Bishop Leighton
indeed made some little efforts to try some
of the curates under his inspection, but we
shall find it was in a very superficial manner.
It was only a very few parishes, providentially
vacant, the indulged had access to, and
several essays were made to get them outed
even from these, and regular ministers, as
they were termed, settled in them. Yea,
even in some of the places to which the
council named presbyterian ministers, me
thods were fallen upon to get in curates,
before they came to them. One instance of
this I cannot omit in the case of the rever
end Mr John Park, indulged to the burgh of
Stranraer, which made a very great noise,
and was decided most partially, the close of
the last year or the beginning of this . This
worthy person was a man of great solidity,
very sufficient learning, and is the author of
the treatise upon Patronages, so well known
in this church. The book was published,
and, as I am informed, considerably enlarged
by his son, Mr Robert Park, clerk to the
general assembly after the revolution, and
town clerk of Glasgow, a young gentleman
of eminent piety, and great sufficiency in the
civil and canon law, who was basely mur
dered in the clerk s chamber at Glasgow, a
little after the revolution. To prevent Mr
Park s return to Stranraer, the bishop of
Galloway admits one Nasmith at that kirk,
three days after Mr Park was indulged by
the council. The town and parish would
give no countenance to Mr Nasmith s ad
mission, but, as one man, adhered to their

former minister. The bishop causes
summon all parties in to Edinburgh,
that the council might determine the com
petition. There favour was expected, and
got.

When Mr Park appears before the coun
cil, instead of the question of precedency
between Mr Nasmith s admission and his
act of indulgence, which was the point upon
which he was cited ; Mr Nasmith libels
Mr Park for causing lock the church doors
against him, after his admission by the
bishop ; the falsity of which was made
appear by many of the people of Stranraer,
cited in for their adherence to Mr Park.
Further, he accused Mr Park of engaging
several gentlemen about to leave their
churches, and come and hear him ; and of
seditious doctrine. The witnesses adduced
proved nothing, and Mr Park entirely vin
dicated himself; notwithstanding very mean
and base methods used to circumvene the
witnesses upon oath, with captious and invol
ved questions, such as, * Did not you hear
Mr Park pray ? * Lord pluck up every plant
which our Father in heaven hath not plant
ed, meaning the bishops." Yet all would
not do, and the committee to whom the
consideration of the libel was remitted,
brought in the libel not proven. At length
the council come to the competition, and
when it was alleged for Mr Nasmith, that
his presentation was prior to Mr Park s,
and answered by Mr Park, That it was a
non habente potestatem, the king being pa
tron, and the bishop having most illegally
taken upon him to present ; and although
Mr Park s act was evidently prior to Mr
Nasmith s admission, yet such was the jus
tice of these times, that the council without
ever so much as hearing Mr Park upon
that head, determine the preference to Mr
Nasmith.

To return to the ministers who got access
when they were settled in their charges,
they soon came to understand their case,
and straitening circumstances, to be worse
than they expected. Indeed I find, the
council, upon the first of January this year,
order the payment of their stipends : and
their act runs, " The council being resolved,
that the ministers allowed to preach shall

148

THE HISTORY OF THE SUFFERINGS

[BOOK II.

1670.

have the stipend for the yeir and I
crop 1069, order it to be paid: and i
as to the Ann due to some of the relicts j
and ministers, they ordain eight hundred
inerks to he paid by the collector, and four
hundred if only half a year was served for."
But then hardships in abundance were put
upon them in the exercise of their ministry
The prelates complained to the council,
that the indulged ministers lectured and
expounded a portion of scripture to the
people before forenoon s sermon; which, as
it had been most iniquitously laid aside by
the prelatic preachers since the restoration,
so they alleged it was a hurtful innovation,
and what the indulged had no warrant from I
authority for. They further complained,
that such persons were not allowed by them
to sit in their sessions, who had joined in
discipline with the conformist ministers.
What ground there was for the last com
plaint, 1 have not learned; it is not impro
bable they would choose persons, as firm to
presbyterian principles as they could, to be
members of their sessions.

It is very true the indulged, generally
speaking, did lecture, unless, it may be, in
the winter season, when the day was so
short, that a lecture and two sermons
could not be kept up, without casting the
people at distance very late. And I am
informed, that the ministers met together
after getting the indulgence, and agreed to
keep up lecturing, and begin where they
left in explaining the scripture, w hen forced
from their churches. They knew, that the
laying aside lecturing, was one of the badges
of conformity, since the (year) 1662, and
were much persuaded, that this manner of
expounding of scripture was very useful and
instructive to their people, and had been
the constant practice of this church, and is
recommended in the Directory compiled at
Westminster, and approven by our general
assemblies. Those they took to be suffi
cient grounds to continue in this practice.
However, the council discharge it by their
act, January 13th, as follows. " The coun
cil understanding, that several of the minis
ters allowed by their special warrant to
preach, do use, before they begin their
sermon, to lecture upon ?ome part of the

scripture ; and considering that this form
was never used in this church before the
late troubles, and is not warranted by au
thority, do discharge the same, with certifi
cation, that if they continue to use it,
they shall be discharged the exercise of
their ministry within this kingdom : and
order extracts of this to be sent to each
minister." That the indulged ministers
were not warranted by authority for lectur
ing, is a mere fetch of the bishops. They
are plainly warranted to " exercise all the
functions of the ministry," as well as to
preach ; and though the prelates and their
underlings had laid aside this practice, yet
that made it not the less a very proper work
of the ministry. How far the matter of
fact is true, which the bishops make the
council to -say in their act, that lecturing
was not used before the (year) 1638, in
this church, I do not know : but this I have
remarked, that many of the sermons of our
reformers and ministers, after the reforma
tion, were upon the matter lectures, and
generally a good many verses were gone
through, and apposite and practical notes
raised from them, and these but very briefly
applied. In short, no solid objection can
be formed against this practice, nor any
thing of weight brought ; unless we turn
papists, and allege that it is dangerous to
have people understand the scriptures, and
that ignorance is the mother of devotion.

We shall hear upon the following section,
that a committee of council came west in
April this year ; and, among other parts of
their work, are empowered to try the car
riage of the indulged ministers in their
congregations*. What relates to the ex
amination of the indulged, I shall bring in
here, and leave other things they did, to
their own room. This committee was
mostly urged by the bishops, to be a check
upon the allowed ministers, and to persecute
for nonconformity. Upon the accounts of
this committee, the brethren who had
accepted the indulgence, with a good many
others who had not this favour, met together
to consider what was fit to be done upon
this new emergent. They foresaw they
would be challenged for lecturing, which
was prescribed by the approven Directory,

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

119

and which is more agreeable unto scrip
ture institution. They were now in casu
confessionis, and it was the general opinion
of the meeting, they should keep it up.
However, I am informed there had been
different practices among them, as to this
public exercise. Some were settled in the
wintertime, and had forborne it, and others
were said to have had some notice of
trouble designed against them upon this
score. Others altered their former way,
and, instead of one chapter, or a part of a
large one, read two or more chapters, as
what was nearest the prescription in the
Directory; and were blamed by some for
taking this juncture to alter their method.
Others read a whole chapter, and pitched
upon some verse of it for their text, and, in
opening the text, explained the context;
and some lectured in place of the after
noon s sermon.* Those different practices
neither satisfied the committee of council
when inquired into, nor were all their
hearers pleased with them. Their manage
ment now was extremely difficult, and the
lives of these excellent persons were made
some way bitter to them, through hardships
upon all hands. Mr John Livingstone, in
his letter this year to his flock at Ancrum,
censures them for their falling into those
different ways, and yet puts a high enco
mium upon the ministers themselves.

When the committee came to Glasgow,
in April, the indulged ministers in that
neighbourhood were called before them, and j
interrogated one by one, whether they had ]
baptized or married any out of their own |
congregations without testimonials : and
especially, whether they had lectured since
the council s act discharging it. According
to their different practices they answered,
and generally they told, that they read and
explained a chapter or two, but kept within
half an hour. When they were asked,
what they resolved to do in time coming,
by the president duke Hamilton, one of

* Mr Wodrow has already told us that he
docs not consider the indulgence as tunning any j
part of the sufferings of the church of Scotland.
We should have been glad to know what he
made ol all this Ed.

1670.

them said, that they would do as
they had done formerly, which he
hoped their lordships would not be offended
at. All of them subscribed their answers, and
were dismissed. Next week the committee
went to Ayr, and the indulged ministers in
that shire appeared before them. There mat
ters passed much the same way as at Glasgo w.
As to lecturing, they gave a naked represen
tation of their practice ; and as to the time
to come, they answered, they would con
tinue in reading and explaining scripture, as
far as time would permit; and signed their
answers. It was generally expected, that
when the report was made to the council,
all their licenses would be taken from them ;
but the Lord had more work to do by them,
and moderate measures prevailed. This is
what I have observed this year anent the
indulged.

I come now to take a view of the proce
dure of the managers against conventicles,
and the sufferings of considerable numbers
of good people upon this score. Lauder-
dale, in urging the indulgence, alleged, it
would be the most effectual way to bear
down conventicles ; and accordingly it was
given to such ministers as were reckoned
the wisest, and of greatest reputation, and
in such parishes where the people, arid espe
cially the heritors and gentry, were most
inclined to the presbyterian establishment.
Meanwhile new proclamations, and severe
executions of the former, against conven
ticles, were urged and effectuated this
year. Afterwards we shall meet with the
acts of parliament in this matter : I come
here to consider the procedure of council.

January 13th, the commissioner orders
the instructions to the forces, November
1667, noticed above, to be sent again to the
soldiers, with this additional clause, added
by the council, to the officers. "Upon
notice of any numerous conventicle kept
since November 1st last past, or to be kept
hereafter, you shall do your utmost endea
vour to seize the minister, and send him
into Edinburgh with a party, and the
names of such as can bear witness in the
thing. You are also to seize the most
considerable heritors and tenants present,
and require bond and caution to appear

150

THE HISTORY OF THE SUFFERINGS

[BOOK II.

before the council at a certain day ;
and if they refuse to give surety, send
them in with a party, with a list of persons
who can witness against them." This instruc
tion made the soldiers very severe, and, with
what followed, hoth forced ministers and
people to the fields, where they had better
access to disperse than in a house, and put
some to bring arms with them, to defend
themselves and their ministers. Those
instructions are followed with a printed
proclamation against conventicles, agreed
upon in council, which I have insert, at the
foot of the page.* The reader will observe,
that it runs a little more severe than the
former papers of this nature. I shall not
make large remarks upon it. The army are
hounded out upon presbyterians by the
instructions just now spoken of, and the
whole magistrates through the country
joined with them in this persecution. The
country is oppressed, and the soldiers
encouraged, by the large sums paid them
when engaged in this work ; and, as was
observed, this violence obliged ministers and
people to take the fields, and defend them
selves the best way they could.

The council being informed, February
10th, that two numerous conventicles were
kept lately in and about Kirkintilloch, a few
miles east from Glasgow, send orders to

* Proclamation anent conventicles, February 3rd,

1670.

Charles, &c. Forasmuch as we have taken
into consideration the disorderly carriage of
several heritors, outed ministers, tenants, and
others of the commons within this kingdom, by
their keeping of conventicles, and baptizing of
their children by persons not publicly authorized
and allowed, which not only foments and
nourishes separation and schism, but tends to
sedition and disturbance of the public peace :
we therefore, with advice of the lords of our
privy council, do hereby require all sheriffs,
Stewarts, bailies of regality, and their deputes,
magistrates of burghs, in their respective
bounds, and commissioners of the militia, to
inform themselves where such conventicles have
been kept, since the 19th day of October last,
or shall happen to be kept thereafter, and to
call before them the ministers who have preach
ed, or shall preach at them, the heritors, and
substantial tenants who have been or shall be
present, or have had their children baptized
since the said 19th day of October, or shall
procure them to be baptized by any not I
allowed or authorized to do the same, and ac- i
cording as they shall find any of diem guilty, !
that they take caution of them for their appear-

the earl of Linlithgow, who gave the infor
mation, to seize the persons of Mr James
Hamilton and Mr Mitchell, who preach
ed; and send them into Edinburgh; but I do
not find they were at this time catched.

In the beginning of March, the council
call for the magistrates of Edinburgh, and
give them up their bond last year anent
conventicles, and require them to give
another in the same terms for this year.
They very willingly give it. And in prose
cution of this obligation against conven
ticles, April 7th, the same magistrates are
ordered to search for and seize the persons
of all the outed ministers within the town,
excepting such as have warrant from the
privy council, and to imprison them. And
such as have warrant are to enact them
selves under bond and caution, not to keep
conventicles during their stay there ; and if
they refuse, immediately to imprison them.

The council s committee sent to the
west country in April this year, as we shall
find by their instructions, are appointed to
inquire into conventicles, and punish them.
I have but very few accounts of their pro
cedure ; only at Glasgow the curates gave
in lists of considerable numbers in their
respective parishes, who were guilty of
nonconformity, and alleged keeping of con
venticles ; and some were fined upon these

ance before the council, whenever they shall
be called ; and in case any of them be called
before the said sheriffs, Stewarts, bailies, or
magistrates foresaid, and compear not, or com-
pearing shall refuse to give caution, that they,
with the advice or concurrence of the captain,
lieutenant, or cornet of any of the militia troops
of the shire, seize upon their persons, and send
them to the lords of our council by a party,
which party shall be paid at 18 shillings Scots a
day for each horseman, and three shillings ster
ling for the officer who shall command from the
time of their setting forth till their return, and
that they send along with them any process or
evidence they have received of their guiltiness,
and ordains the said sheriff, Stewart, bailie,
magistrate, or commissioner of militia from time
to time, to give an account of their diligence to
our council.

ROTHES, Chancellor, HALKERTON,
MARSHALL, BELLENDEN,

HAMILTON, WILL. DRUMMOND,

MORTON, JOHN NJSBET,

ATHOLE, LOCKHART,

AIRLY, HUME,

TwEEDDALE, CH. MAITLAND,

D0NDONALD, WAUCHOP,

SINCLAIR, ROBERT MURRAY.

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

151

scores, but particulars I have not been able
to recover.

Elizabeth Cuningham, Lady Hilderston,
I find, May 1 2th, is fined by the council in
four hundred merks, for one conventicle
kept in her house; and several persons
were brought to trouble for that same
meeting 1 . Nicol Gardner, merchant in Edin
burgh, is fined in two hundred pounds, for
baptizing a child of his there ; and which
was far more uneasy to him, and hard in
itself, he is ordained to lie in close prison
until he discover who was the minister.
And further, James Clarkson, Archibald
Henry, William Leick, merchants in Edin
burgh, and David Jamie, tailor there, are
fined in one hundred pounds each, for being
at the said house-conventicle. Had the
managers got as much for every house-
conventicle, they would have soon gathered
in all the money in Scotland. And over
and above all these, I find the council, this
same sederuut, fine the magistrates of Edin
burgh, according to their bond, in fifty pounds
sterling, and allow them reparation from such
of the inhabitants as they shall find guilty. I
shall have occasion, ere I end this section, to
notice some harassings for two or three
remarkable field-conventicles in June and
July this year; so here I only notice
Robert Burns in Glasgow, fined by the
council, July 29th, for the above mentioned
conventicle at Kirkintilloch, in a hundred
merks. I observe for some time most part
of the fines are appointed by the council to
be given to the widows and children of
ministers who suffered for their loyalty
before the restoration; who these were,
hath been noticed, ministers deposed for
error, scandal, insufficiency, and malignancy.

Upon the llth of August, the council
come to lay down methods for suppressing
conventicles, and examining the ministers
who shall, in time to come, appear before
them upon that score, which I give here
from the registers.

Apud Edinburgum, August \\tli, 1670.
" Sederunt, the lord commissioner his grace,
chancellor, St Andrews, privy seal, Len
nox, Hamilton, Morton, Caithness, Mur
ray, Athole,Linlithgow,Dunformline,Rox-

burgh, Kellie, Dumfries, Weems,
Airly, Annandale, Tweeddale,
Kincardine, Dundonald, Drumlanrig,
Yester, Belhaven, Duffus, Bellenden,
president of session, register, advocate,
justice-clerk, Lee, Haltoun, Niddry, Sir
Andrew Ramsay.

" The lords of the committee appointed
for considering of the fittest ways and
means for suppressing of conventicles, having
brought in several proposals to the council
thereanent, to be offered to the articles ; as
also anent the assaulting of ministers per
sons and houses, and disorderly baptizing of
children ; the same being considered, agreed
to, and voted, were appointed to be trans
mitted to the lords of the articles.

" The committee having offered it as
their opinion, that the interrogatories under
written should be put to such ministers as
should be called before the council, the
same being agreed to, were ordered to be
recorded.

" 1. Do you ordinarily resort to the ordi
nances in the parish church where you live,
and are you resolved to do so in time
coming? 2. Have you kept any conven
ticles since Michaelmas last, either in houses
or the fields; and are you resolved to
forbear for the future, and to live according
to law, as to that point ? 3. Such ministers
as have lived orderly, or will promise to live
orderly in time coming, are to be dismissed
without putting any judicial declaration to
them ; the clerk being to mark what they
promise thereanent. 4. The declaration
following is to be put to such as have lived
orderly, and yet will not agree so to do
for the future. * I, A. B. promise that I
shall ordinarily frequent the ordinances in
the parish church where my residence shall
be for the time, and that I shall not preach,
nor assist either in houses or in the fields
at any conventicles. 5. Such as have not
lived orderly, nor will engage to live
orderly, and to forbear to be present at, or
keep conventicles in the future, the follow
ing declaration is to be put to them. * I,
A. B. oblige myself, I shall not, upon any
colour or pretext whatsomever, rise in arms
against the king s majesty, or any having
his authority or commission, nor shall assist

THE HISTORY OF THE SUFFERINGS

[BOOK II.

nor countenance any who shall so
rise in arms. 6. Such as are cited,
and do not compear, are to be declared
fugitives. 7. Those who refuse the first
declaration, are to be confined ; and those
who do not give the second, are to be put
in prison, and thereafter banished." What
use was made of these proposals will best
appear from the severe acts of parliament
made this year, which I leave to a section
by themselves.

By this time the reader hath some view
of the trouble a good many were brought
unto for conventicles during this year, and
we shall meet with some things yet harsher,
if once I had considered the harassings of
some of the outed ministers, and presbyte-
rian gentlemen. Among the ministers, the
order of time leads me to begin with the
reverend Mr Andrew Morton, minister of
the gospel at Carmunnock, in the shire of
Lanark. He had been outed from his parish
with the rest of his brethren, and living oft-
times at Glasgow, now and then he did
preach and keep conventicles among his
parishioners. Upon information by Mr
Robert Boyd, curate there, he was, by an
order from the commissioner, apprehended,
and brought into Edinburgh, and January
14th, I find the council order " the magis
trates of Edinburgh to receive the person of
Mr Andrew Morton prisoner, and keep him
close from all company." There he is
brought before the earl of Kincardine, and
the king s advocate, and asked, if he had
preached at Carmunnock since he was
silenced ? He acknowledged he had. His
examinators blamed him very hard for con
tempt of the law, and breaking a settled
congregation. He replied, that he con
temned not the laws, but reckoned there
was a great necessity of preaching the gos
pel, when ignorance and profanity abounded,
and many souls were perishing for lack of
knowledge ; and added, he had not broken
the congregation, for they had withdrawn
from the present incumbent, before hje
preached among them. They further raies-
tioned him, how many had heard him ? He
answered he could not tell : they then asked,
who had heard him, and in whose house
lie had preached ? To this his return was,

it was hard to make him inform against
others; and he hoped and entreated their
lordships would forbear him in this, since
he so ingenuously confessed in what con
cerned himself. They made him sign his
answers. When those where laid before the
council, he was called in, and they were read
to him, and the chancellor pronounced his
sentence, that he was to be continued close
prisoner in Edinburgh, until he should be
transported to Stirling Castle, there to re
main during the council s pleasure. Accord-
dingly, January 27th, I find him sent by the
council s order to Stirling, and there he
continued prisoner until the 3d of Novem
ber, when by reason of bodily indisposition,
contracted by this confinement, he was lib
erate, and confined to his own house at
Glasgow, during pleasure And he enacted
himself to compear when he should be
called; and during his abode at Glasgow,
he preached almost every day to such of the
citizens as came to hear him, except the
Wednesday, which he reserved for the
people of his own congregation, who, being
within four miles, came in in good numbers
that day, and he preached to them.

Much about the same time, Mr Hugh
Archibald, Minister at Strathaven, and Mr
John Rae, minister at Symington, in Biggar
presbytery, were apprehended, for preaching
and baptizing in houses, and sent in to
Edinburgh; and, after some examination,
were sent to Stirling likewise. I find,
March 3d, Mr John Rae is ordered by the
council to be carried from the tolbooth of
the Canongate, to Stirling Castle. I have
no more about them.

Mr George Johnston, minister at New-
bottle, is seized in April at Edinburgh;
and the council s act anent him is, " The
lords of privy council being informed of
frequent conventicles kept in Edinburgh;
and the magistrates having, in obedience to
an ordinance of council, presented Mr
George Johnston, late minister at Newbottle,
before them, and he having- refused to engage
himself not to keep conventicles, banish
him from Edinburgh, and confine him to
the parish of Borthwick during the council s
pleasure ; and order him to enact himself to
keep his confinement : which he does. The

CHAP. V.

OF THE CHURCH OF SCOTLAND.

153

town of Edinburgh had been a great shelter ]
to the outed ministers; and, we have heard,
that the council, about this time, had order
ed the magistrates to turn them all out. A
list of them had been given in by the bishop,
and by the council put into the provost s
hands. When he sent the town officers to
seize them, none was found but Mr George
Johnston, whom, though a very near relation
of his own, he presented before the council.
When Mr Johnston was examined, he
owned his preaching upon week days, and
the Lord s day after four o clock, when
public worship was over; and when he
would not engage, as above, he is banished
the town, and confined to Borthwick. The
provost sent orders to the houses of the
rest of the presbyterian ministers in town,
to remove their families presently out of
town, and never to return to it, without
giving him account, and signifying the places
where they lodged, upon the highest pains:
and further, ordered soldiers presently to
go and quarter in their houses, till they
removed. Thus their families were frighted
and insulted, and some of them in danger
of their life. They were forced to seek a
new shelter, and many of them did not
know well where to go; but the Lord
wonderfully provided for them. Upon
November 24th, I find the council allow Mr
George Johnston to come in to Edinburgh,
for six weeks, about some necessary business
he had to do: and before he leaves the
town, his confinement to Borthwick is taken
off; but he is discharged from coming to
Edinburgh without permission, or living in
the Canongate, or any of the liberties of the
town.

Other ministers were dealt by yet more
hardly. August llth, I find a decreet of
the king s advocate, against Mr James
Hamilton, late minister at Blantyre, Mr
James Mitchell, Mr James Porter, Mr
John Dickson, late minister at Rutherglen,
and Mr John Blackadder, late minister at
Traquair. They are libelled before the
council, for making it their work to hold
conventicles in houses and the fields; and
being, after citation, called, and not com-
pearing, for the reasons already pointed at,
they are all of them, in absence, denounced

ii.

and put to the horn. This severe
treatment of them and many others,
put them under a necessity to wander up and
down the country, and preach in the fields as
they had access. About the 15th of August,
Mr Robert Landass, after the revolution,
minister of the gospel at Blantyre, and for
some time in Glasgow, at this time, I think,
but a preacher, was apprehended, and made
prisoner at Edinburgh for six weeks. All
they had to lay to his charge, was, that once,
about a year ago, he had exercised in a
private family. Upon the 29th of Septem
ber the council order his liberation. Mr
Hugh Peebles, of whom before, was brought
before the council, August 28th. Nothing
could be proven against him: but when
interrogated, if he would engage in time
coming to keep no conventicles, nor to
preach or exercise in any family but his
own, he refused to come under any such
ties. The council confine him to Dunbar-
ton, and a mile round it.

Some presbyterian gentlemen wanted not
their share of suffering at this time. Feb
ruary 3d, I find, the laird of Kersland, who
had been taken some time ago, after his
forfeiture, is sent from Edinburgh to Dun-
barton prison : and this summer, the laird
of Mel drum, an officer of the guards, whom
we shall frequently afterward meet with,
apprehended several good people in the
parish of Lochwinnoch, Kilbarchan, and
Kilmalcom, in the shire of Renfrew, and
put them to very great trouble, for hearing
the outed ministers. The laird of Johnston,
in Renfrewshire, for having Mr John Stir
ling, who had been his parish minister at
Kilbarchan, in his house, and hearing him
preach once to his family, was apprehended,
and brought before the chancellor, where it
was like to stand hard with him. With
difficulty his friends got him liberated, upon
his giving a bond of five thousand merks, to
compear when called. The reverend Mr
John Stirling very narrowly escaped from
his own house, and was diligently searched
for by the soldiers, but got off happily.
Several others of the outed ministers were
troubled this year; but all the particulars
would run this account to a very great length,
and the above mentioned instances may

THE HISTORY OF THE SUFFERINGS

[BOOK II.

suffice. Nevertheless, the word ot
the Lord was not bound, and pres-
byterian ministers could not, even under all
those difficulties, forbear to pity the crying
necessities of the people who had not access,
to the churches of the indulged, and were
daily growing in their aversion to the estab
lished clergy, the longer they were among
them. And it was owned, even by some who
were not friends to presbyterian ministers,
that in their sermons in houses and fields,
they were remarkably countenanced of the
Lord, and blessed with many seals of their
ministry, in the conversion of many, and
edifying those who were brought in.

There \vas a letter handed about at this
time, from a minister to his brother, en
couraging him to this work. It was sup
posed to have been writ by the reverend
Mr John Carstairs; and being very sweet,
and suitable to those times, I have insert it
at the foot of the page.* The multitudes

* Letter to a Minister, 1670.
I take this occasion very kindly to salute you,
and to tell you that I desire to be glad in the
Lord, lor the most refreshing comfortable report,
after many sad and lamentable ones, that you
with your brethren there are in good earnest at
their work (as I know some of you have been
of a good while), and that a wide door and an
effectual is opened to you of the Lord, though
you have many adversaries, which I nothing
doubt but you have laid your account with,
considering, that the serious and suitable use of
such a mean hath always had a most formidable
aspect on Satan s kingdom, as threatening to
make it fall from heaven like lightning, would
not miss to meet with the very utmost of his
and his instruments permitted opposition,
which, when met with, will prove but a confir
mation and encouragement to you, more strenu
ously, vigorously, and valiantly to prosecute
your work, your ancestors work (sweet work),
so much opposed and maligned by the devil, and
wherein Jesus Christ hath such complacency
and delight, as that which, in ordinary dispen
sation, he useth to bless for bringing about that
which he useth to account satisfaction for the
travail of his soul. Who knows, if ye will hold
his stirrup, but he may mount on his white horse
yet once more, with his crown upon his head,
and his bow in his hand, conquering and to
conquer, even in Scotland, Immanuel s land,
sometime the pleasant land, nay, the glory of
all lands, where his adversaries have audaciously
and mulapertly essayed to dismount him, and
pull his crown ott his head, and his bow out of
his hand. It seems it is coming to a pitched
battle between Michael and his angels, and the
dragon and his angels there. O angels of Mi
chael, fight, stand fast, quit yourselves like men,
under the colours and conduct of such a Captain-
general, and so noble and renowned a quarrel,

of people hungering after the sincere milk of
the word, were so great, that in many places,
houses would not contain them, and in
others they wanted places to meet in; and
when in houses, were by far more in hazard
to be surprised with the soldiers, than when
in the fields. Upon these accounts field-
meetings turned more frequent this summer;
especially, in places where there were none
of the indulged ministers. Thus I find,
October this year, Mr John Blackadder
preaching at Balcanquel, Mr John Dickson

at Glen vail, and Mr David Hume at ,

all in the shire of Kinross.

Field conventicles wore most violently
opposed, and the soldiers failed not to
answer their instructions above narrated.
Three meetings of this sort were no small
occasion of persecution this year, and I shall
end this section with some account of them.
That which made the greatest noise, was
the conventicle at Beeth-hill, in the parish

wherein and in whom it were better (if possible)
to be ruined, than to reign with his enemies, if
all Cesars. Let none of their threatenings
move you, and if it should come to that, let not
your lives be dear to yourselves, in finishing
your course with joy, and the ministry which
you have received of the Lord Jesus Christ, to
testify the gospel of the grace of God. Arise as
mighty men of valour, go out to your work as
under saviours upon Mount Zion, in the great
ness of his strength, and in the zeal of God ;
and from pure and unbiassed respect to his
glory, and to the salvation of immortal souls,
humbly, sincerely, and seriously cry, Where is
the Lord God of Elijah? where are the more
ancient and latter famous .and faithful ministers
of Christ in the church of Scotland? where is
that spirit wherewith these worthies were
acted? who knows but he will show himself to
be among you and restore somewhat of that
spirit again to you? nay, if this be your mind,
he will without all doubt be among you, and act
you with another spirit than we have (alas) for
most part been acted with in these fearful and
fainting times; and if you should be imprisoned,
exiled, or put to death, and so should seem (to
prejudicate men) to be overcome, yet ye shall
overcome by the blood of the Lamb, and by the
word of your testimony, and by not loving your
lives unto the death; nay, you shall by being
thus overcome and conquered, be more than
conquerors through him that loved you. O
study to be in case (through close and constant
following of that work) to say to your adver
saries, the prelates, and their inseparable sup
porters (against whom in their course, (if we
have not mistaken God, his word, and way) he
resolves to have war for ever) in their perse
cuting you for preaching the gospel, and because
you -will not utterly renounce your Master s
commission, and so incur the hazard of that

CHAR v.;

OF THE CHURCH OF SCOTLAND.

155

of Dunfermline iu Fife : it was kept by Mr
John Bluckadder and Mr John Dickson,
about the middle of June, and a very con
siderable number of people were there.

sad and dreadful wo pronounced against non-
preaching of the gospel, when he calls to it; i
say, study in following the Lord fully in this
work, and in owning of it, to say to your adver
saries, You think to withstand the kingdom of
the Lord in the hand of his Son Jesus Christ,
and wished well unto by us his poor servants ;
with you are, &c. Have you not cast out the
priests of the Lord, tjie sons of Aaron and the
Levites, and have made you priests of such as
come to consecrate themselves with, &c. But
as for us, he is our God, and we have desired
not to forsake him, we are the priests, the
ministers of the Lord that wait on our business,
and we burn to the Lord every morning, &c.
and we keep the charge of our God, but ye have
forsaken him, if so, then you may say humbly,
yet boldly, behold, God himself is with us for
our Captain, and we his ministers in his name,
by the trumpet of this gospel which we preach
(and dare not but preach while we have a com
mission and call), cry an alarm against you :
fight not against God, for ye shall not prosper,
nay, if they should prosper yet they shall not

!>rosper. This begun preaching of the gospel
ooks (if suitably followed) to be a beginning of
reviving in our bondage, and though bonds and
deaths of persons should follow it, yet it will be
a reviving of his work. O if poor, wretched,
sinful, useless I were in capacity to share with
you in this work, without its prejudice and
yours, I think I should account it my glory
whatever should follow. I know, my dearest
friend, I might have spared this labour as to
you, on whose heart this work is so much, and
in whose heart his precious people are so much,
even to live and die with them in following of
this work; yet I say to you what is further in
my thoughts (may I say on my heart) there
hath no doubt been along all these trials, a spirit
of fainting and cowardice among us, whereof
we will all think shame when God shall (if he
ever shall) restore that poor church to the light
and sunshine of his reconciled countenance in
Jesus Christ ; and it seems that he is now
opening a door of some access to you in a good
measure, to make up that which hath been
wanting in some point of testimony. O won
der ! that after such wavering and declining of
testimonies, he should ever any more give access
to testimonies, and not send us off the stage
under the just reproach, that we have not been
valiant for the truth on earth. Dear sir, alarm
all your brethren to observe, and not to let slip
so fair an occasion, so glorious and golden an
opportunity of a testimony, lest the holy, much
provoked, and jealous God be put to swear, that
henceforth there shall be no more time for a
public and joint testimony. Again, it would
be considered, how much we have of a long
time coveted to have our trial stated on some
clear and uncontroverted thing: is there not
here a wonderful condescension of God, in
stating it thus, even according to heart s wish?
What more clear ground of suffering for a
minister of the gospel than this, when the long
starved flocks long for preaching, love preach-

When they were at public worship
upon the Lord s day, a lieutenant
of the militia in that place came up on
horseback to the people, and made a great

ing, and diligently wait on it : either utterly
quit preaching, though I gave you a commission
to preach, and though my poor Hocks are starved
.vithout it, though I required (says Christ
Jesus) as your great evidence of your love to
me, to feed my sheep and lambs, especially when
beaten from their food, and yet seeking after it,
either quit (I say) preaching, and give bond
that ye shall do it no more, or go to prison, yea,
or be a perpetual prisoner. If this be an un
clear ground of suffering, or if, being clear, it
shall, from lothness to suffer, and to be shaken
out of ease, be darkened, and be misted with
new framed and forged distinctions, I am afraid
we shall hardly ever meet with that which shall
be accounted a clear ground of suffering, and
will withal manifest that it is mere fear and loth-
ness to suffer that s with us all along, though
palliated with some special pretences : but I am
hopeful there is not a faithful minister in Scot
land (if not under the power of a dreadful
temptation), that will come under such an obli
gation, he will no doubt make himself a close
prisoner, and put his soul in irons, by declining
on these terms to be a prisoner. Further, it
would be considered, that there are several who,
though they have their own good measure of
peace in the ir minds, in suffering on some ot ier
accounts, and have some hopes (that though
condemned by many men) yet God will in
Christ Jesus graciously accept of them, even as
to that thing, and have withal considerable
acquiescence in, and satisfaction with their
afflicted lot, they would (had it so seemed to the
Lord) wished that their sufferings had been
upon this account; and if it shall be declined
upon this most honourable account, it may fall
to be stated in an account less for God s glory,
less for his people s edification and establishment,
less for the adversaries conviction, and less for
their own peace, than either this, or (it may be)
some others would have been. O the jealousy
of God! IVIoreover it would be weighed well,
whether, beside what the commission to preach
the gospel, and the people s need calls, yea, cries
for, and the humble confidence that ministers
(though not the greatest disputants) may have
in the Lord, to defend and justify their practice
in this matter, having therein more particularly
the promise of how and what to say in that
hour; I say, it would be well weighed, whether
this piece of good and warrantable policy may
not be used in faithful following the duty, to
put the adversaries to discover themselves, who
will in this case be either much perplexed what
to do, and (it may be) constrained to forbear
you, or put, when they have nothing to charge
you with, but only preaching the gospel, in
prosecution of your Master s commission, and
out of compassion to the starved and slain souls
of the people, there being nothing that looks
like a way tumultuary and seditious, and rebel
lious motions and practice, with which odious
imputations they have loaded others, put (I say)
I to declare themselves to the world, to be on a
design of rooting out all faithful preaching of
the gospel by noncompliance, with this curstd

156

THE HISTORY OF THE SUFFERINGS

[BOOK II.

deal of noise and disturbance, and
spared not dreadful threatening to
fright, and, if possible, to scatter the people.
One of the meeting 1 steps to him, after he
had entreated him to remove peaceably, and
taking 1 the lieutenant s horse by the bridle,
pulled out a pistol, and told him, he would
shoot him dead, if he was not silent: and
whether the lieutenant would or not, he was
compelled to sit peaceably upon his horse,
until public worship was over; and then he
was left at his full liberty to go where he
pleased.* Accounts of this horrid insult, as

prelacy, and so put all the godly in the nation
to a point, as to what may be looked for in their
days, which may be no small advantage, espe-
cia lly after so much talking of indulgence and
liberty; yet suitable, Christian, and spiritual
(not worldly and carnal, which hath much
hurt us, especially where suffering appeared)
prudence and circumspection would be used,
and no needless irritation would be used, nor
noise made, when a more quiet way may reach
the end better, but the work would be closely,
constantly, (and if it be possible) generally and
harmoniously followed, though with all circum
spection, that they may know and be convinced,
that it is not a few rash and inconsiderable
persons (as they use to call them) that they have
to do with, but the very body and generality of
the serious, sober, nonconform ministers and
people of the nation. Finally, it is not unworthy
consideration, what a singular and signal pre
sence of God did wait first and last upon his dying
and suffering witnesses, and what sweet hours
several of his poor wanderers have had, even the
best and sweetest in their life, though most of
them have suffered upon accounts not so obvi
ously convincing and satisfying to many as this.
O stir up one another to this good work, and to
this good expression of love to Jesus Christ, and
say humbly in much prayer to God, Behold
their threatenings, and grant unto thy servants,
that with all boldness we may speak thy word;
and who knows but he will stretch forth his
hand, that great things may be done by you, as
instruments in converting and building up of
souls by the name of his holy child Jesus ? And
if it shall come to bonds (honourable and de
sirable bonds), it may be, through the mighty
assistance arid presence of God with the firs t
sufferers, many of the brethren in the Lord
may wax confident through their bonds to
preach the word more boldly : now, my dear
arid faithful friend, to come to a close of this
babbling beside my purpose, let me, apoor out
cast, unfaithful, sinful wretch, beseech and
obtest you for Christ s sake, the gospel s sake,
the poor people s sake, the posterity s sake, your
peace sake, to take hold of this precious op
portunity, wherein many defects may be made
up.

4 Our historian seems to have seen little in
this meeting besides the contempt which it
brought upon the indulged presbyterian minis
ters, and the effect which it had, or was sup
posed to have had, in preventing more extensive

it was called, came very soon to Edinburgh;
and bishop Sharp knew well how to improve
such an incident, to heighten the fury of the
managers against presbyterians and conven
ticles : and indeed the council did exert
themselves with the greatest of fervency in
this matter. June 2. ird, I find they give
warrant to Mr Henry Murray, to inform
himself anent the conventicle kept in the
parish of Dunfermline lately. What report
he made I see not. But upon the 30th of
June, I find, Robert Walwood of Touch
confessed before the council, he had been

immunities being bestowed upon these quibbling
trucklers to the royal supremacy ; and his
account of it, which is most probably garbled
from Blackader s MS. memoirs, is meagre and
unsatisfactory. As it was the first armed con
venticle, and the first ebullition, since the resto
ration, of that spirit of resistance which accom
plished the glorious revolution as it gave new
life to the friends of religion, and was the mean
of multiplying and enlarging their meetings
throughout the united kingdoms, and was pub
licly given thanks for in the Scots congregations
abroad, we shall give Mr Blackader s account
of it in his own words :

" On Saturday afternoon, people had begun
to assemble. Many lay on the hill side all night,
some stayed about a constable s house near the
middle of the hill, several others were lodged
near about, among whom was Barscob, with
nine or ten Galloway men. The minister (Mr
Blackader) came privately from Edinburgh on
Saturday night, with a single gentleman in his
company. At Inverkeithing he slept all night
in his clothes, and got up very early, expecting
word where the place of meeting was to be,
which the other minister was to advertise him
of. However he got no information, and so set
forward in uncertainty. Near the hill he met
one sent by the minister, to conduct him to a
house hard by, where they resolved, with the
advice of the people, to go up the hill, for the
more security and the better seeing about them.
When they came, they found the people gathered
and gathering, and lighted at the constable s
house, who seemed to make them welcome.
While they were in the house, a gentleman was
espied coming to the constable s door and talking
friendly with him, who went away down the
hill. This gave occasion of new suspicion, and
to be more on their guard. However, they
resolved to proceed to the work, and commit the
event to the Lord. When a fit place for the
meeting and setting up of the tent was provided,
which the constable concurred in, Mr Dickson
lectured and preached the forenoon of the day.
Mr Blackader lay at the outside, within hear
ing, having care to order matters, and see how
the watch was kept.

* In time of lecture, he perceived some fellows
driving the people s horses down the brae, which
he supposed was a design to carry them away.
He rising quietly from his place, asked what
they meant? They answered, It was to drive
them to better grass. However, he caused them

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

157

present at the conventicle on Beeth-hill, [ merks, that he shall frequent no
and is lined in five hundred merks, and more conventicles. Such who fol-

ordered to lie in prison till he pay it, and
enact himself in a bond of two thousand

bring them all back again within sight. After
Mr Dickson had lectured for a considerable
space, he took to his discourse and preached on
1 Cor. xv. 25. For he must reign till he hath put
all enemies under his feet. In time of sermon,
several ill affected country people dropped in
among them, which being observed by Mr
Blackader, and those appointed to watch, he
resolved to suffer all to come and hear, but in
tended to hinder the going away of any with as
little noise as might be. Among others came
two youths, the curate s sons, and about fourteen
or iit teen fellows at their back who looked
sturdily; but after they heard they looked more
soberly. The two young men were heard to
say, They would go near the tent, and walk
about to the back side of it, which some, who
were appointed to watch seeing, followed quick
ly ; so they halted in their way. The man that
came to the constable s house in the morning
was seen at the meeting, and kept a special eye
upon. Essaying to go away to his horse at the
constable s, two able men of the watch went
after, and asked why he went away? He an
swered, he was but going to take a drink. They
told him, they would go with him, and desired
him to haste, arid not hinder them from the
rest of the preaching. So he came back ; but he
was intending to go and inform the lieutenant
of the militia who was at the foot of the hill,
and gathering his men. However, the sermon
closed without disturbance about eleven hours
in the foreday, the work having begun about
eight.

" Mr Blackader was to preach in the after
noon. He retired to be private for a little
meditation. Hearing a noise, he observed some
bringing back the curate s two sons with some
violence, which he seeing, rebuked them, and
bade let them come back freely without hurt,
and he engaged for them they would not go
away. So they stayed quietly, and "within a
quarter of an hour he returned and entered the
tent; after some preface, which was counte
nanced with much influence, not onlyon profes
sed friends, but on those also who came with ill
intentions, that they stood astonished, with great
seeming gravity and attention, particularly the
two young men. It was, indeed, a composing
and gaining discourse, holding forth the great
design of the gospel, to invite and make welcome
all sorts of sinners without exception.

" After prayer, he read for text 1 Cor. 5x. 16.
For though 1 preach the gospel I have nothing
to glory of; for necessity is laid upon me, yea,
wo is unto me if I preach not the gospel. After
he had begun, a gentleman on horseback and some
few with him, came to the meeting. He was the
lieutenant of the militia in that part of the
country, who, lighting, gave his horse to hold,
and came in among the people on the minister s
left hand, stood there a space, and heard peace
ably. Then essaying to get to his horse, some
of the watch did greatly "desire he would stay
till preaching was ended, telling him his abrupt
departure would offend ;md alarm the people.
But he refusing to stay, begun to threaten,

lowed him, met yet with harder measure.
July 14th, Mr Alexander Hastie, since

drawing his staff. They, fearing he was going
to bring a party to trouble them, did gripe and
hold him by force as he was putting his foot
into the stirrup. Upon this, Barscob and ano
ther young man, who were upon the opposite side,
seeing him draw his staff, which they thought to
be a sword, presently ran, each with a bent
pistol, crying out, Rogue, are you drawing ?
Though they raised a little commotion on that
side, yet the bulk of the people were very com
posed. The minister seeing Barscob and the
other so hasting to be at him, fearing they
should have killed him, did immediately break
off, to step aside for composing the business, and
desiring the people to sit still till he returned,
for he was going to prevent mischief. Some,
not willing that he should venture himself,
laboured to hinder him. He thrust himself
from them, and passing forward, cried, 1 charge
not to meddle with or do him any hurt; which
had such an influence on them, that they profes
sed afterwards they had no more power to meddle
with him. The lieutenant seeing it was like to
draw to good earnest, was exceedingly afraid,
and all the men he had. But hearing the min
ister discharging the people to hurt him, he
thrust next to be at the minister, who had cried,
What is the matter, gentlemen ? Whereon the
lieutenant said, 1 cannot get leave, sir, to stand
on my own ground for thir men. The minister
said, Let me see, sir, who will offer to wrong
you ; they shall as soon wrong myself, for we
came here to offer violence to no man, but to
preach the gospel of peace ; and, sir, if you be
pleased to stay in peace, you shall be as welcome
as any here ; but if you will not, you may go :
we shall compel no man. But, said he, they
have taken my horse from me. Then the min
ister called to restore him his horse, seeing he
would not stay willingly. Thus he was dis
missed without harm, at the minister s entreaty ;
who judged it most convenient that the gentle
man, and others to whom he should report it,
might have more occasion of conviction that
both ministers and people, who used such meet
ings, were peaceable, not set on revenge, but
only endeavouring to keep up the free preaching
of the gospel in purity and power, in as harm
less and inoffensive a way as possible. Some of
the company, indeed, would have compelled and
bound him to stay if he had not been peaceable ;
but they were convinced afterwards that it was
better to let him go in peace.

" The whole time of this alarm on that quar
ter, all the rest of the people sat still composedly,
which was observed more than ordinary, in aiiy
meeting either before or after (seeing such ;i
stir), as in many other things the mighty power
and hand of the Lord was to be seen in that
day s work, and the fruit that followed thereon.
When the lieutenant was gone, the rest, that
dropped in through the day with the curate s
two sons, stayed still, not offering to follow.
After composing that stir, which lasted about
half an hour, the minister returned to the tent,
and followed out the rest of his work, preaching
about three quarters of an hour with singular

THE HISTORY OF THE SUFFERINGS

[BOOK II.

the revolution minister of the gospel
at Glasgow, Adam Stobie of Luscar,
William Adam merchant in Culross, James
Sloss in Borrowstonness, David Mather
elder in Brignies, John llankin in Bonhard,
James Duncan in Grange, were brought
before the council, and interrogated if they
were at the said conventicle. All of them
acknowledged they were. Then they were
required to give up upon oath the names of
the ministers, and others, whom they knew
to have been at that meeting. This they
peremptorily refused, and the council imme
diately found them guilty of contumacy, and
fined each of them in five hundred merks,
and sent them back to prison, there to lie in
irons during the council s pleasure. I find
this day the council pass a decreet against
keepers of conventicles, particularly at Liv-
ingseat, and Hill of Beeth, fining multitudes
in great sums. Those persons lay in prison
till the parliament sat ; and by their second
act, August 3d, (as shall be observed)
appointed such \vho refuse to give their
oath super inquirendis, to be banished ; and
upon this act, they, with some others, were
Vanished the kingdom, as we shall just now
hear. So unreasonable and unrighteous
were our managers now ! They form laws
to catch conscientious persons in matters
wherein their principles were concerned;

countenance, especially after composing the
tumult. All the time there Avere several horse
riding hither and thither on the foot of the hill
in view of the people ; but none offered to come
near, for a terror had seized on them, as was
heard afterward, arid confessed by some of them
selves. The minister apprehending the people
might be alarmed with fear, that they could not
hear with composure, though none did appear,
did for their cause close sooner than he intended,
though the people professed and said they would
rather he had continued longer, for they found
none either wearied or afraid." Memoirs of the
Kev. John Blackader, pp. 144148.

Before concluding this note we may remark,
that of all the outed ministers, with the excep
tion, perhaps, of Mr John Welsh, Mr Black
ader seems to have been the boldest, and the
most successful, in collecting at these kind of
meetings the scattered followers of Christ,
whose languid graces he was often the honoured
instrument of reviving and exciting in a very
high degree. He had been, like many others,
ejected from his parish (Troqueer) by the famous
act of Glasgow, and between the years 1665-66,
harassed by that base tool of tyranny, Sir James
Turner, was obliged to leave that part of the

yea, even made them look backwards, and
reach supposed crimes, committed before
their laws were made.

Upon the Kith of August, the council
pass an act against the above named persons.
" Whereas Mr Alexander Hasty in Dun-
fermline, &c. as above, being called to de
pone anent the conventicle at Beeth-hill,
and refused ; as also Mr John Vernor, and
Robert Orr in Miln-bank, who had a child
baptized there, the council banish them out
of the king s dominions, and order them to
be transported to the plantations, and not
to return, on pain of death." This good
youth Mr John Vernor, was challenged for
another conventicle, and for this crime of
conventicles, and that of refusing to betray
his honest neighbours and acquaintances to
the fury of persecutors, was most barbar
ously dealt with. He was fed on bread and
water, and put so close in the irons, that
his leg gangrened, which within a little cost
him his life. Under such cruelties, some of
the best quality interposed for his liberation ;
but that meeting was so galling to the
council and commissioner, that no ear was
given for some time. At length, when his
leg turned very ill, upon the 3rd of November
I find him and Robert Orr set at liberty,
upon their giving bond and caution to appear
when called, under the penalty of five hun-

coun^ry, and, with his family, attempt to find
shelter in Edinburgh. Here he occupied a
large house, and, especially after Pentland,
preached in it to crowded audiences. Upon
special invitation, he soon after this came to the
west, where, particularly in the parishes of
Evandale, Newmills, Galston, Dunlop, Fen-
wick, Eaglesham, and Kilbride, he preached
often to crowded audiences. These visits he
frequently extended to Paisley, where he bap
tized many children, and to Glasgow, where his
congregation frequently exceeded two thousand
persons. At Borrowstonness he established
a congregation, and, through the interest of his
relation, major Hamilton, baillie of regality to
the duke of Hamilton, procured for it the free
dom of undisturbed worship. He continued
the same practice with much of his Master s
countenance, as we may have again occasion to
notice, till he was, as related by our historian,
shut up in the Bass, in the year 1081, where he
may be said to have obtained the crown of mar
tyrdom, not, indeed, by the violence of a few
hours or moments, but by the more refined
cruelty of long protracted years of confinement
and privation. Ed.

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

159

dred merks each. And to end the accounts
of the persecution for this conventicle, upon
the llth of August, James Dundas, brother
to the laird of Dundas, confesseth his being
at the conventicle at the Hill of Beith; and
refusing to depone before the council, whom
he saw there, and who preached ; they find
he hath contravened an act of parliament,
banish him the king s dominions, and order
him to be transported to the plantations not
to return on pain of death. However, I
find, August 28th,. Mr Dundas gives his
oath upon some interrogatories anent this
conventicle, and is liberate by the council.
Many others were brought under hardships
for this conventicle, such as, Margaret
Martin the lady Colvil s gentlewoman, and
Bessie Young a servant of hers, who con
tinued in prison a long time ; and for several
months the soldiers brought multitudes in
that neighbourhood to great trouble.

Another conventicle which made a great
noise at this time, is that at Livingseat; in
Carnwath parish, much about the time of
the former, or a little before it. Their
procedure against persons alleged to be
there, was much of a piece ; so I may be
very brief upon it. June 23d, Mr John
Vernor, who, it seems, was at both, " son
to Gavin Vernor in Mortoun, being required
by the council to depone, what he knew of
the persons present, and minister who
preached at a conventicle at Livingseat,
and refusing to give his oath, is committed
close prisoner, and ordained to lie in irons
during the council s pleasure, and to be fed
with bread and water." And further, the
council fine John Carmichael in Blackburn,
and David Carmichael in Potishaw, in a
hundred merks each, for being at that meet
ing. And the forementioned decreet, July
14th, fines a great many others in absence,
for their being there.

The last conventicle I notice, was in the
beginning of July at the Torwood. And
July 7th, the council being informed of a
large conventicle at Torwood-head, appoint
a letter to be written to the earl of Callender,
to use his interest to bear down conventicles
in Stirlingshire: and upon August 16th, 1
find the council have Charles Campbell in
Airth before them. He confessed he was

at the conventicle in Torwood; and

1670.

refusing to depone, was banished,
and ordered to the plantations. After some
months imprisonment, he falls sick through
his harsh treatment; and, December 8th,
the council liberate him, upon his giving
bond and caution under five hundred merks,
to compear when called. I find little more
concerning conventicles this year, unless it
be, that August llth, Mr Alexander Strang
is called before the council, for alleged
keeping of conventicles, which he positively
denies since Martinmas last, affirming, that
he waited upon ordinances every Lord s day,
in the parish church where he lives. The
council dismiss him.

SECT. II.

Of the committee of council, their actings
in the west, April 1670, the insults upon
incumbents, and several other things this
year.

IN this section I shall put together several
occurrences throughout this year, which will
not so properly come in upon the general
subjects in the following sections, and may
be of some use in order to our understanding
the state of this church, and of presbjte-
rians; and I shall begin with the attacks
made upon the episcopal incumbents, and
the violent prosecution of innocent people
upon that score. Some of the occasions of
those attempts, in the general, have been
pointed at, and now I come to narrate
plain matter of fact, as far as it hath corne
to my hands.

The order of time leads me to begin with
the attempt made upon Mr Robert Boyd
curate at Carmunnock. " The council,
January 6th, being informed of a robbery
committed upon the person and goods of
Mr Robert Boyd, letters are directed
against the heritors." We shall afterwards
have some specimens of Mr Boyd s perse
cuting temper, and his sitting in oppressive
courts with major White. Whether this
was at the bottom of the attack made upon
him, or if it was an act of burglary, committed
by some common thieves, I do not know.
But, upon the 26th of January, I find a

160

THE HISTORY OF THE SUFFERINGS

[BOOK II.

decreet given out against the heri-
* tors and parish of Carmunnoek, in
the council registers, bearing-, that his house
was rifled, his wife wounded, and Mr Boyd
sought for, but not got. Sir Archibald
Stuart of Castlemilk appears, and acknow
ledges the matter of fact, but knows nothing
of the actors. He and the parish, accord
ing to the laws formerly mentioned, are lined
in fifty pounds sterling, and, February 7th,
Sir Archibald pays the tine, and it is given
to Mr Robert Boyd.

This, with some other attempts of the
like nature, in other places, about this time,
produce a committee of the council to
inquire into them, and for the punishment
of the actors, and some other things : of this
it is proper to give some accounts. Upon
the 6th of April, " the council remit
it to the archbishop of St Andrews, duke
Hamilton, and some others, to consider
upon ways to secure orthodox ministers,
to consider the petition of Mr Alexander
Mortimer minister at Kirkcudbright, and
the injury done to the minister of Kilmal-
com; with power to call for the papers
taken upon Mr John Rae, and to consider
the decreets given in by Mr Nathanael
Fyfe, against keepers of conventicles, and
report." I have met with nothing further
anent Mr Mortimer, and know not well
what these papers related to, which were
found upon Mr Rae : but I hear they
contained the names of some parents,
whose children he had baptized, who were
afterwards prosecuted on that account;
only I find him upon the 3d of March,
ordered by the council to be carried from
the Canongate tolbooth to the Castle of
Stirling. Upon the 7th of April the report
is made; and the council having consi
dered it, agree to the commission-instruc
tions, and other acts brought in by these
appointed to consider this matter. The
tenor of the commission follows :

Commissions anent some disorders in the west.
" Charles, by the grace, &c. To all and
sundry our lieges and subjects, whom it
efieirs, greeting. Forasmuch as, notwith
standing divers acts of parliament and
council made against withdrawing from the

public worship in churches, keeping of
conventicles, or private meetings, upon
pretext of worship, or other religious exer
cises, by baptizing or marrying by persons
not allowed by authority ; and likewise, for
security of ministers in their persons and
goods, against the interrupting of Divine
service, and the acts of council made anent
ministers indulged to preach: yet sundry
disloyal and seditious persons, especially in
the shires of Ayr, Lanark, Renfrew, and
others after specified, have of late contra
vened the said acts, by deserting their own
parish kirks, keeping conventicles, disorderly
marrying and baptizing their children, mak
ing attempts upon, and offering several in
juries unto loyal and peaceable ministers,
dealing with and menacing them to leave
their churches, and committing of several
other disorders, to the high contempt of
our authority, and great scandal of religion.
And we, considering that it doth very
much import our honour, and the peace
and quiet of this church and kingdom, that
some speedy and effectual course be taken
for repressing such disorders and insolen-
cies, and preventing the like in time coming,
and that it may contribute to the discovery
of the actors and contrivers of such disor
ders, that the same be tried upon the place
where they were committed, do, with the
advice of the lords of our privy council,
grant full power, warrant, and commission
to William duke of Hamilton, Alexander
earl of Linlithgow, William earl of Dum
fries, Alexander earl of Kincardine, Wil
liam earl of Dundonald, the lord clerk
register, and lieutenant-general Drummond,
or any four of them, to put to due and
vigorous execution the foresaid acts of
parliament and council against the contra-
veners thereof, within the shires of Stirling,
Linlithgow, Dumbarton, Lanark, Ayr, and
Renfrew, to levy and exact the pains and
penalties therein contained. And to that
effect we appoint our said commissioners,
or their quorum, to repair to, and meet at
Glasgow, the 27th day of this instant, and
thereafter, to meet at such times, and
places within the said shires of Lanark,
Ayr, and Renfrew, as they shall think
convenient; and then and there, to call

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

161

before them such persons, as they shall be
informed have contravened the foresaid
acts, or any of them ; and, if need be, to
issue warrants and precepts for citing- them,
and witnesses for proving what shall be
laid to their charge, to use all trial and
probation requisite, and to proceed to give
sentence against such as they shall find to
be guilty, in fining, confining, or imprison
ment of their persons ; and to put these
decreets in execution, by poinding their
goods, imprisoning of their persons, or
otherwise, as accords : with power to our
said commissioners, or their quorum, to
seize upon and commit to prison such
persons as they shall think fit, and to take
caution for the appearance of any persons
before our privy councilor before themselves,
and, in case of refusal, to imprison them :
and generally with power to our commis
sioners, or their quorum, to do and exerce
all things necessary and requisite for the
effectual prosecution of this our commission,
and the particulars above mentioned, as fully
and freely in all respects, as a quorum of our
council might have done themselves, promit-
tend to hold firm and stable. And we do
hereby require all sheriffs, stewards, herita
ble bailies, magistrates of burghs, and others
our good subjects, within the said shires,
readily to answer, obey, concur with, and
assist our said commissioners, being required
thereto by them ; as they will be answerable
upon their highest peril: and that they
make report of their diligence in the
premises to our privy council, betwixt and
the first council day in June next. Given
under our signet at Edinburgh, April 7th,
1670.

ROTHES, Chancellor, TWEEDDALE,
Sx ANDREWS, DRUMLANERK,

MORTOUN, SINCLAIR,

ATHOLE, Jo. GILMOUR,

CAITHNESS, Jo. NISBET,

DUNFERMLINE, CHARLES MAITLAND,

WEEMS, ROBERT MURRAY."

ANNANDALE,

Instructions given to the commissioners
for the western shires.

" Imo. You are to take trial of the
business of the minister of Maybole, and the
attempt made on him, so far as the same

n.

shall not be tried by the council.
2do. You are to take trial anent the
abuse done to Mr John Irvine minister at
Kilmalcom, both in the church, and in the
house of Finlaston. Stio. You are to try

the abuse done to , minister, while

he was passing through the town of Kil
malcom, and likewise any other attempts
of that nature, whereof you shall receive
information. 4to. You are to call before
you those persons, for whose appearance
before the council the earl of Linlithgow
hath taken bonds, for their keeping of
conventicles. 5to. You are to call before
you the resetters of the rebels, and put the
laws and acts of parliament and council in
execution against them. 6to. In the trial
to be taken by you of those who have
contravened the acts of parliament and
council, you are to begin at the most
eminent persons, noblemen, and gentlemen.
7mo. You are to call before you the
ministers allowed to preach by the council,
and to take trial what obedience hath been
given by them to the act of council, dis
charging them to lecture before sermons;
and if they have notwithstanding lectured,
upon what account they have done the
same ;* and you are to take trial of their
carriage and behaviour since they were
allowed to preach. 8vo. You are em
powered to call for thirty horsemen of his
majesty s troops of guard, to attend you in
this service, and to execute such orders and
commands, as they shall receive from you,
in prosecution of your commission. 9no.
You are also to give such orders to the
forces in the west, for removing of their
quarters, and otherwise, as you shall think
fitting, in order to the present service.
lOmo. You are to do all other things requi
site for the effectual prosecution of this
service, which may tend to the settling and
securing of the peace of the kingdom."

Jointly with these instructions, there are
orders given to the officers and commanders
of the standing forces, to obey such orders
as shall be directed to them by the said

* This is another proof of the real nature of
the indulgence, and that it was at first a snare,
and iu the end a source of much suffering. Ed*

162

THE HISTORY OF THE SUFFERINGS

[BOOK 11.

commissioners, or any one of them ;

and the council, the same day,

make an act anent the payment of ministers

stipends thrust from their charges, which I

likewise insert.

" The lords of his majesty s privy council,
considering the many direct and violent
means essayed in the western shires of this
kingdom, to thrust orthodox ministers from
their charges; and that, as in pursuance of
their trust, they have made several acts and
ordinances for the security of the persons of
those ministers ; so it is most consonant with
justice and equity to take care for their
maintenance, where, from just apprehensions
and fears of heing rudely entreated, they are
forced to desert and relinquish their cure :
therefore, the said lords do declare, that
where any of the said ministers are, by
menacing, just grounds of fear, or violence,
put from their churches, that during their
natural life they will maintain them in the
possession of their benefices and stipends,
according to their rights thereunto. As
also, in the cases where the said ministers
shall be provided to other kirks and bene
fices, whereby the former churches shall
become vacant, the said lords do declare,
they will give power and warrant to the
collectors of the vacant stipends, to intromit
with the benefice, and uplift the stipends be
longing to the said churches ; and that ay
and while orthodox ministers be settled in
the same by presentations from the patrons,
and collations from the archbishop or
bishops of the dioceses where they ly,
according to law."

In order to ripen matters for this com
mission, the earls of Dumfries and Dun-
donald are appointed by the council to
make inquiry beforehand, that the work of
the commissioners may be shortened as
much as may be. The procedure of this
commission, as to the indulged ministers,
hath been already given account of; and I
only now consider what they did as to
orthodox ministers, as they called them,
who were attacked. The business of the
attempt alleged to be made at Maybole in
Ayrshire, and Kilmalcom in Renfrewshire,
were before the committee ; but indeed no
thing could be found in either of them of

great importance, so 1 shall give but a hint
of each.

Maybole business is first in their instruc
tions, and it stood thus. When the com
mittee were at Ayr, Mr Jaffray, curate
there, renewed his complaint, which he had
formerly tabled before the council ; that
some of his parishioners had attempted to
murder him, and discharged a pistol at his
breast. The ball, he said, came upon a
book, which he was carrying in his bosom
under his coat, and this saved his life.
Every body almost reckoned this an ill
made story, to get a little money, by way of
fine, from the parish. The heritors and pa
rishioners offered to prove before the com
mittee, that when Mr Jaffray first divulged
the attempt alleged to be made upon him,
and showed the book which he said was
under his coat, the book was indeed pierced,
as seemed, by a ball, but his coat had no hole
in it ; so senselessly was the forgery made.
But this method, though very natural, could
not be allowed. Mr Jaffray was permitted
to produce all his proofs and evidences to
fix the guilt, but in vain, for nothing could
be proven : and generally it was believed,
he had pierced his book himself, and forgot
to make a hole in his coat. So this busi
ness ended in laughter, and very quickly his
parishioners brought in more solid com
plaints against him, as we shall hear, this
same year.

Mr John Irvine s business stood thus.
In February or March, it was pretended,
evil was designed against him : he was in
deed, and not without ground, very ill liked
in Kilmalcom. While he was preaching on
a Lord s day, some boys cast a bit of a
rotten stick at the pulpit in time of sermon.
Upon the noise it made upon the pulpit, he
presently left it, and got to his own house.
As he w r ent home in a fear and haste, some
of the boys followed him, with huzzas and
cries, till he got into his house. This is all
I can hear of. A terrible noise is made,
that the minister had been stoned out of his
pulpit, and forced to flee for his life to the
manse. The committee examined this riot,
and found nothing in it but a freak of some
idle boys, and that it was a matter very un
worthy of such a sputter as had been made

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

163

about it. What sentence they came to at
Glasgow, I know not; but I suppose they
remitted this affair to the council : for in
their records, June 16th, they find James
Watson, James Rankin, John Hattrick, and
William Sinclair, guilty of the tumult in
Kilmalcom, and of hounding out of dogs on
the minister ; and the council order them to
be transported to the plantations. And,
upon the 23d of June, John Hattrick and
William Sinclair, because of their youth, are
liberate, upon condition of their appearing
before the congregation, and declaring their
sorrow for abusing the minister of Kilmal
com. Whether the other two were banished,
or got off the same way, I have not informa
tion. Upon July 14th, I find the storm
lands upon the parish ; and the heritors and
parishioners of Kilmalcom are first fined in
fifty pounds sterling, and then it is increased
to a hundred pounds, to be paid to Mr John
Irvine ; and the lairds of Duchal and Carn-
curran, two heritors, then at Edinburgh, are
discharged to leave the town till they pay
that sum.

It was thought that the discoveries this
council-committee would make, might be a
foundation of taking away the indulgence ;
but the members of the committee found all,
or most of the alleged disorders among the
common people, were occasioned by the ill
carriage of the incumbents. Indeed their
naughtiness, drinking, oaths, and unclean-
ness rendered them very hateful ; and their
oppressions, and harsh treatment, of their
people, had produced some disorders: so
nothing was further done at this time against
the indulged.

There are two other attempts this year
upon the incumbents I have met with, and
shall bring them in here. June 9th, the
council order out summons against the
parishioners of Neilston, for a riot com
mitted upon their minister, Mr Alexander
Kinnier, and his wife. It was libelled, that
some time in May, upon a Saturday at
twelve at night, nine or ten men came into
the house, beat Mr Kinnier and his \vife,
and plundered the house. The heritors are
fined in a thousand pounds Scots, and Allan
Stuart of Kirktoun is forbid to remove from
Edinburgh till it be paid. And, August 28th,

I find the parish of Glassford, in
Lanarkshire, are most injuriously
fined. It is alleged, that some persons in
arms attacked the house of Mr James
Finlay, incumbent there, searched for him,
and plundered the house. July 14th, the
council fine the parish in a thousand pounds
Scots. The house was indeed broke by
common thieves and robbers ; some of them
taken for other crimes, and executed, at
their death confessed they had broke Mr
Finlay s house ; and, before their death,
declared, that to their knowledge there was
not two dollars worth of skaith done to
him, and not one person in the parish was
in the least concerned.

Some other particulars, I meet with this
year, shall fill up this section, that the sub
jects of the two following may not be in
terrupted; and they shall be narrated just
in the order they fell out. January 13th,
the council publish a very good proclama
tion against papists, which is printed ; and
had it been prosecute with as much care and
application, as their proclamations against
conventicles, and in defence of their ortho
dox ministers, it had been more for the in
terests of real religion. But the prelates
saw to the one and neglected the other; so,
I find, the same day the council recommend
it again to the archbishops and bishops, to
gather up lists of persons who are papists,
and suspect of popery ; and that a general
list be formed out of them, and laid before
the council, January 1st next to come. At
that time I find no return made.

With what views a discharge was granted,
April 9th this year, to general Dalziel, I
know not; but I have before me a copy of
a patent, which passed at this time under
the great seal: " giving and granting him,
his heirs and executors, a full and ample
discharge and exoneration of that trust and
employment he had as lieutenant-general,
colonel of a regiment of foot, captain of a
troop of horse, and a company of foot, and
of the whole heads and tenor of the said
four commissions, from July 19th 1606,
until April 8th 1668, when they were
recalled ; declaring that he shall never be
questioned, cited, or challenged for any
actings, orders, or deeds done, or omissions,

164

THE HISTORY OF THE SUFFERINGS

[BOOK II.

if any such have been, in these capa-
cities, by the king or his succes
sors, or any having power from them."
Without doubt the general needed such
a discharge, and probably it is now passed
with a view to his entering upon the full
possession of some of the forfeited estates.

In July this year, Mr John Menzies,
minister of the gospel at Carlaverock, near
Dumfries, after he had for some time ob
served the plain favour shown to papists,
and had again and again remonstrate against
the growth of popery, to the bishop in the
diocesan meeting, and to his brethren of the
exercise ; when he saw so many favouring
popery, and violent in persecuting pro-
testants, he at first withdrew from their
meetings, and at length he sent his written
testimony to the presbytery of Dumfries,
July 12th this year, and therein he declares
against prelacy, as connected with popery,
and what he had now discovered a great
evil in. His own paper will speak best for
him. How his testimony, which he desires
may be recorded, was taken, and what
followed upon it, I know not, but have in
serted it at the foot of the page.* We

* Mr John Menzies testimony, July, 12, 1670.
That which hath saddened the heart, and been
matter of lamentation to many, is, that when
through the good hand of God upon us, through
the goodness of our laws, civil and ecclesiastic,
and through the faithfulness and diligence of
the watchmen of the Lord s house, the abomi
nation of popery was almost rooted out of our
land, that that noisome and pernicious weed
hath of late years gotten a great footing
amongst us again : and while not only the
noisome tares of popery, (being nothing else but
a bundle of the grossest heresies, blasphemies,
idolatry, and antichristian apostasy) are not
only sown and under the clod, but fair above
ground, overspread many parts of our land, as
the sad experience of our bounds doth testify,
but also profanity of all sorts abounding amongst
all ranks and degrees of people ; and while many
godly in the land are mourning in secret for
these abominations, as being a sad prognostic of
the Lord s departing from us, and a judicial
stroke of his vengeance, punishing us for some
former apostasies, and neglect of the exercise of
religion, that the spiritual \vatchmen of the
Lord s house, to whom the care of these things
doth principally belong, and, for any thing
known to us, while others are weeping, they are
not concerned, lying by secure. It is likewise
not unknown to some of you, that albeit, at
some of the later synods, I did regret the growth
of these ills, and did entreat that some effectual
remedy might be made use of, preventing the

shall afterwards meet with some others, who
very happily had their eyes opened to see
the evil of their conformity to prelacy, and
left the bishops and their way, from a full
conviction of this.

Throughout this year, new discoveries
began to appear of the villany and oppres
sion of the former years, particularly of Sir
William Bannantyne s grievous oppressions.
I find several heritors and gentlemen apply
ing to the council, and complaining that Sir
William and others had taken away their
rights and evidences in the year 1667, and
craving that they may be returned : and the
council are so just, as to order their clerks
to return any of them which are in their
hands.

To conclude this section; when the time
of the parliament s sitting drew near, the
commissioner Lauderdale comes down about
the end of July, and he, to ingratiate him
self with the prelates, renews the severities
against the presbyterian outed ministers.
Upon his arrival at Edinburgh, he discharges,
by proclamation, any of them from coming
to town without license, and that under the
pain of death. And at the same time, as

further increase of the same : albeit much was
promised, yet nothing hath been performed. 1
did likewise often represent and regret to you
the reverend brethren of the exercise here, the
abounding of these abominations in most parish
es of this presbytery, and particularly within
the bounds of my charge, desiring that such
power as God hath put in our hands, might be
used for stopping of these ills; and particularly
the last day J was at your meeting, I did desire
that by an act of presbytery (as once before,
though afterwards slighted)" it might be ap
pointed, that every one within the bounds of
their several charges, should proceed against all
professing popery, to the close of the process at
least, as against the profane ; and that they
should bring in the particular lists so soon as
any made defection, but was plainly refused that
any such act should be made therearient that
day, and rather judged impertinent, it being
declared not to be seasonable ; and some of you
asserting them to be the presbytery s useful
friends : in consideration whereof, as I have
not kept with you since, so I conceiving myself
bound in conscience to represent unto you this
my testimony against popery, in the roots and
branches thereof, and your not enjoining it as a
duty on every member, to proceed to excommu
nication against the people of these abomina
tions, and that without any delay, I shall like
wise not conceal from you, the reverend brethren
here, that my beholding this your way, hath
occasioned my more serious thoughts of the

CHAP V.]

OF THE CHURCH OF SCOTLAND.

165

hath heen hinted at in the former section,
several of them who were most frequent in
preaching-, are cited to appear before the
council, at several diets, in August. Most
of the ministers who were cited, came in as
secretly as they could, to inform themselves
what they were to expect : and finding that
all, or many of them, were to be shut up in
prison, and banished their native country,
after se\-eral meetings together, they resolved

course of conformity with prelacy : and albeit,
that popery and profanity may be very accidental
to the course of conformity with prelacy; yet
beholding that (which is the observation of
people of all persuasions) these two pernicious
weeds thrive so kindly in your soil, it hath
moved me now more than ever to search what
of God can be in that way. And being also called
of God by his late dispensations, to a serious
and particular search of my way, while in the
use of means I have sought the Lord for light
herein, this is the result of what I have attained
to, that I, through scripture-light, and other
engagements (whatever others do), cannot any
longer adhere to conformity with prelacy, with
out the grievous wounding of my conscience,
upon which I dare not adventure ; and that by
the former conformity, I have exceedingly
offended God, and have been a stumbling-block
in the way of people : for the which, as I desire
to be humbled before God, so I crave pardon
of all his people whom I have offended. This
I declare, upon the account of no worldly ad
vantage, for no shadow hereof can be alleged ;
but, my witness is in heaven, I do it only for
the glory of God, the edification of his people,
and the exoneration of my own conscience.
And now not knowing when, where, and how
long I may be allowed to advise you, or any of
the Lord s people in his name, to that which,
in the Lord s strength, I mind to practise,
my humble advice is, that you would consider
your ways, and ponder that you are to make an
account of the exercise of your talents, before it
be long, that your peace may be well bottomed
when ye are to step into eternity. And since
much of the growth of these ills has its rise from
the negligence of such as should be the faithful
keepers of his vineyard, I shall yet once more
obtest you, in the bowels of Jesus Christ, as ye
love the glory of God, the credit of the gospel, the
salvation of these deluded wanderers, the secu
rity of your own peace in a day of strait, which
the Lord may make you meet with, albeit ye now
think he hath made your mountain stand strong,
and as ye would clear yourselves of that reign
ing scandal of a sensible compliance with the
people of these abominations ; and that when
many of your brethren are cast out, whom the
Lord hath made polished shafts in his own
right hand, for gaining many souls unto Christ,
that such an oversight should be indulged to
these who have been destroyers of the Lord s
holy mountain, and have laid his vineyard
waste ; that in this nick of time ye would bestir
yourselves for the reducing of some, con
vincing of others of their ways, according to
your place, power and calling, separate the
precious from the vile, that they may no more

not to compear. However, when
together they agreed upon the
draught of a letter to be sent through
their brethren, and the people of their
persuasion, up and down the country, to
stir them up to more than ordinary prayer
and supplications. And that the reader
may have a view of the excellent spirit of
these good men, I have inserted it as a
note.* This paper was very quicken-

infect the weak of the Lord s flock, or pollute
or oft end any more upon the Lord s holy moun
tain ; otherwise it is much to be feared, the
Lord will reckon with you for the blood of
souls, make you contemptible in the sight of
others, make you to be trampled on as unsavoury
salt, yea, make you become vile in the eyes of
these hardened ones, whom, albeit they walk
with you for the present with horns of a lamb,
yet afterward ye may hear them speak with the
mouth of a dragon, and to prove pricks in your
eyes, and thorns in your sides, in the day when
your greatest straits and saddest trials shall
come. And finally, brethren, as for prelacy,
whereupon the Lord hath stamped this mark of
his displeasure, that under it truth and godliness
have been under a sensible decay, so that ye
would consider and ponder the same impar
tially, in the balance of the sanctuary; then,
who knows but ye shall discover it to be a plant
not set by the hand of God, but of man, and
which the Lord, in his own time, may cause to
be plucked out of his own vineyard again. In
all which, as I hope not to be mistaken, as de
signing any more than is expressed, it being the
first-fruits of my self-conviction ; so it is
earnestly desired, that this my sober testimony
may be insert and registrate in your books of
presbytery; and I shall remain yours, to serve
you in the Lord Jesus Christ,

JOHN MENZIES.

Letter from a meeting of ministers, 1670.
What grievous things do afflict the church of
Christ this day in these nations, and among
ourselves cannot be unknown, to such, at least,
who have made it their choice rather to suffer
affliction with the people of God, than to enjoy
the pleasures of sin for a season ; and who, but
strangers in our Israel, can choose but to be
affected with, and lament these things that have
come to pass in these days? The holy and
beautiful house of the Lord, where both we and
our fathers have served him, and all our pleasant
things made waste, the walls of Jerusalem
broken down, and the gates thereof (as if burned
with fire), Zion plowed like a field, Jerusalem
become heaps, and the mountain of the house of
the Lord as the high places of the forest, the
rod of wickedness lying upon the lot of the
righteous, and not a few in hazard to put forth
their hand to iniquity, our pastors removed into
corners, and strangers in the habitation of the
Lord, plants sure not of the heavenly Father s
planting, idle shepherds, feeding themselves and
not the flock, who have eaten up the good pas
tures, treading down and defiling the residue
with their feet, thrusting with side and shoulder
the tender and faithful of the flock, so as now
by many the sacrifices of the Lord are abhorred ;

16G

THE HISTORY OF THE SUFFERINGS

LBOOK ii.

ing- and upstirring, and many were

put by it to set apart days for

fasting and wrestling. The procedure of

the parliament this year, is what I come

now to give some account of.

SECT. in.

Of the laws and acts of the second session
of parliament, July and August \ 670, in
as far as they concern presbyter ions.

THIS short session of parliament began

are not the laws transgressed both divine and
human, which formerly were in vigour in fa
vours of the church and spouse of Christ, his
ordinances changed, the covenant broken and
made void, of which sometime it was said,
" Come, and let us join ourselves to the Lord in
a perpetual covenant, never to be forgotten?"
What restraints have been put upon all, and are
still continued, yea, increased upon the most
part of the godly outed ministry of the nation,
so as they have not only for a long time been
thrust from their particular flocks, but now are
made obnoxious to the greatest severities, if they
shall but dispense the word in private families,
or any where else, where the Lord in his provi
dence, by the hunger and necessity of his people,
may call them to it? What impositions are put
upon the consciences both of ministers and
people, by extraordinary and arbitrary oaths,
subscriptions, and otherwise as well in the
matter of hearing as preaching? A true and
faithful ministry, suffering (we are bold to say)
for the testimony of Jesus Christ, inhibit, under
most severe punishment, to be heard so much as
praying, and a company of profane intruders
commanded to be countenanced in all their ad
ministrations, who have sufficiently verified it
in themselves, that the great Shepherd of the
flock never sent them ; and yet they ran, and
have so far by their way made it more than
palpable, that they shall not profit his people at
all. O how hath the Lord scattered us in the
day of his anger ! How many of his dear servants
and people made wanderers, chased from moun
tain to hill, not having where to lay their head,
no peace now to him that goes out, nor to him
that comes in, but rather great vexations upon
all who have any sense either of the sins or
judgments of these times? And what shall be
thought of the case of the poor starved multitude,
who are as sheep without their shepherd, yea,
of the whole posterity, while there are so many
pregnant presumptions of the Lord s leaving the
nations, removing of our candlestick, and of the
quenching of the light of our Israel? Have not
all ranks corrupted their way? many poor, and
foolish, and have not (though in the clearest
sunshine of the gospel) known the way of the
Lord, nor the judgment of their God ; and if we
take us to the. great and mighty of the nations,
have not these altogether broken the yoke, and
burst the bands? What encroachments have
been made upon the crown and kingdom of our
Lord and Master, Jesus Christ, the alone King

July 28th, and continued about a month.
The design of it, if we may judge by its
actings, was to promote the projected union
with England, and to rivet prelacy. The
first was as much despised in England, as
the last was hated in Scotland. Our parlia
ment begin with an act empowering the king
to name commissioners to treat with Eng
land, in order to an union betwixt the king
doms; and then they fall very foul upon the
presbyterians, both as a set of people who
still set up upon the foot of liberty, and
absolute and illimited power, and to

of, and Lawgiver to his church, as if he were
not so faithful over his own house, as to have
appointed and left upon record in his own word,
the clear warrant and particular rules of the
spiritual jurisdiction and discipline therein, dis
tinct from, and independent upon the powers
and civil governments of this world? And are
not all the inhabitants of the lands guilty of in
gratitude and unthankfulness, and slighting of
that inestimable benefit of the glorious gospel of
the Son of God? for which sin it was the im
precation of a faithful witness and martyr of
Christ in this nation, that dreadful should our
plagues be. And were there no more, who can
sufficiently lament the introducing of that ab
jured prelacy once and again among us, the
doleful breed and product whereof hath ever
been, and this day is the growth of popery,
abounding of profanity and atheism, besides all
other miseries we are under? May not all this
be a sufficient evidence of the just displeasure of
the Lord, gone forth against us in no small
measure, and give just grounds of fear of its
continuance, till there be no remedy? And
hence we may say, who is the wise man that
may understand this, and who is he to whom
the mouth of the Lord hath spoken, that he may
declare it for what the land perisheth? Is it
not because we have forsaken his law, which he
hath set before us, and have not obeyed his voice,
nor walked therein, but have walked after the
imagination of our own hearts ? For these
things may not our hearts be faint, and our
eyes be dim? But, which puts on the capstone
upon all the sin and judgment we are under, is
it not evident that the Lord hath sent his plagues
upon our hearts? Being made desolate, do we
yet lay it to heart? Being made desolate, do
we yet mourn unto him? Are we as doves in
the valleys, every one mourning for his iniquity ?
Is there a turning to the Lord with all the
heart, yea, with fasting in our mourning, and
with weeping? Are the priests, the ministers
of the Lord, weeping between the porch arid the
altar, saying, "Spare thy people, O Lord?"
Were it thus, then the Lord should be jealous
for this land, and pity his people ; but, alas !
instead of all this, what impenitency ! few so
much as reflecting and saying, What have I
done? How little kindliness or tender melting
of heart, either as to sad things threatened, or
presently lying on, and yet even this little be
wailed or lamented? How little kindly sym
pathy with these who bear the burden and heat

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

167

make their enemies the prelates the more
hearty in the matter of the union, as had
been remarked. Thus their second act,
August 3d. relates to those " who refuse to

of the day? Some more ready to censure the
afflictions of others, even for the gospel s sake,
nor to partake themselves with them therein.
What remissness (may it not be feared) will he
found in secret duties? And how few consider
one another, to provoke to love and to good
works, not forsaking the assembling of ourselves
together, as the manner of too many is, but ex
horting one another so much the more, as we
see the day approaching; and when at some
times a watch hath been set up, and time set apart
for serious wrestling with God, and vows and
resolutions renewed, and, it may be, some begun
reformation and amendment of many things;
yet how inconstant have we been in all these,
much of our diligence falling and rising with
the sharpness and bluntness of our trials? And
when in the furnace we are scummed as dross,
and in the fire our scum goeth not from us,
what may we think shall God do to us, but even
gather, blow upon, and consume us by the
pouring out of his Spirit? Where also is that
uniform zeal for the cause of God, the purity
and peace of godliness ? Where is that Chris
tian and tender sympathy for our suffering
brethren, the Lord s witnesses, to which we are
solemnly tied, and which hath been so often
both the profession and practice of this church
from our first reformation from popery, to this
day, that what should be done to one, should be
reckoned and accounted as done to all, in this
common cause of religion, all this being no other
than the due expression of that native fellow-
feeling, which ought to be among the members
of Christ s body; yet are not now everyone left
to do for themselves ? Some crouching under the
burden, others sinking as much as ever under
the cares of a present life, and of their temporal
being, some, it may be, secretly blessing them
selves in their freedom from the afflicting things
of the time, when others are tossed twixt wind
and wave: this cannot be the blessedness we
were wont to speak of, \vhen we could sooner
have plucked out our eyes for Christ and his
gospel, and a pure ministry and lively ordi
nances, than thus before our eyes (if we would
believe it) to see all these sacrificed to the lust
of men, and given up and betrayed to prevailing
wickedness and irreligion, and to a mystery of
iniquity, which is now so evidently working.
Alas! shall not this imminent utter confusion
and desolation awake the Lord s poor church
and people of these nations? O that the Lord
would pour out his spirit upon all his servants
and people, even upon so many of all ranks
within the land, who have altogether fallen from
their stedfastness, that with more open eyes
they might discern both the danger this poor
church is in, and the remedies thereof. Now,
dearly beloved in our Lord Jesus, some few of
his ministers and companions with you in the
common tribulation, and in the patience and
sufferings of Jesus Christ, have found it a small
part of that duty that we owe unto you, to put
you in mind of these things we have been hint
ing at, though you know them, and to stir you
up by way of remembrance, and that not only

depone against delinquents;" and
being afterwards the foundation of
no small trouble to the sufferers, I have in
sert it at the foot of the page.* By delin-

to provoke you and ourselves both to a deep
sense of these transgressions and sins, whereby
we have provoked the Lord thus sadly to
threaten us with a bill of divorce, to be no more
a spouse to him, but also to establish you, and
to comfort you concerning your faith, that no
man should be moved by these afflictions which
have either happened to you or us, ye yourselves
knowing that we are appointed thereunto, being
even in this set for the defence of the gospel:
but the intent of our letter to you at this time,
is to stir you up to that great mean and duty
(all that seems now to be left unto us) of serious
prayer, supplications and wrestlings with our
displeased Lord, both alone and together, as the
Lord shall give opportunity. And because we
are not willing to advise any change of or addi
tion to these times, so many of the Lord s people
have been in use to set apart for that effect
hitherto ; therefore, we shall only beseech you
in the bowels of Christ, to receive that exercise
upon all occasions, but now especially upon the
days formerly observed, and to hold more closely
and vigorously thereunto, fervent in spirit,
serving the Lord. Need we to recommend such
an exercise unto you, which Christ himself hath
! so recommended, " that we ought always to pray,
and not to faint," Luke xviii. 2. so much prac
tised by the saints, especially in particular exi
gencies. Acts xii. 5. " Prayer was made of the
church without ceasing ;" an exercise ever fol
lowed with a blessed success, when seriously
gone about. Psal. xcix. 6. James v. 16, 17, 18.
" Having a sweet reward in its bosom;" in the
mean time, even the " peace of God, which
passeth all understanding, keeping and guiding
both heart and mind, through Jesus Christ,"
Phil. iv. 7. We forbear farther to trouble you,
from our hearts commending you to the grace
of him in whom we have believed. Farewell.

* Act anent deponing, 1670.
Forasmuch as it is the duty of all good sub
jects, to give their best concurrence and assist
ance, as they shall be thereunto required by
public authority, for discover) and punishment
of all crimes against the public laws, or which
may tend to the breach or disturbance of the
public peace of the kingdom; and that it is an
high contempt of authority, and a signal evi
dence of disloyalty and inclination to rebellion,
to refuse or shift the same when required there
unto : therefore, his majesty, with advice and
consent of his estates in parliament, doth hereby
statute and ordain, that all and every subject of
this kingdom of what degree, sex, or quality
soever, who hereafter shall be called by his
majesty s privy council, or any others having
authority from his majesty, to declare and de
pone upon oath, their knowledge of any crimes
against the public laws and peace of the king
dom : and particularly, of any conventicles or
other unlawful meetings, and of the several
circumstances of the persons present, and things
done therein, or of the resetting and intercom-
muning with persons who are, or hereafter shall
be declared fugitives or rebels, are obliged in

168

THE HISTORY OF THE SUFFERINGS

[BOOK II.

quents they mean church-criminals,
if I may call them so ; people who
were alleged to be at conventicles, field-
meetings, or guilty of nonconformity ; and
all who will not turn informers upon oath,
against their neighbours and friends, who
heard presbyterian ministers, came under
the compass of this act. The very narra
tive of the act involves the obeyers of it in
the maintenance of all that at this time was
comprehended under the public peace, and
this was, by the executors of the law, if not
the legislators, understood of peaceable sub
jection to bishops and their courses, and all
the oppressions the country was laid under
for their maintenance. The same narrative
tells us further, " that the discovery and
punishment of crimes tending to the breach
of the public peace, is the duty of every
good subject;" which is a certain truth, had
not the subjects been under most iniquitous
and unreasonable laws. But in the present
circumstances, the sense of this proposition
is, that every good subject is bound down,
not only to inform against his neighbour,
his father or mother, for going to a field-
meeting or house-conventicle ; but likewise,
to be a hangman to every one that shall be
condemned for what was now made a crime.
And, according to this narrative, the refusers
of this give signal evidence of their disloyal
ty, and inclination to rebellion.

The statutory part of the act is pretty re
markable: persons of all qualities and sexes
are obliged to depone, not only before the
council, but before " any other having com
mission from his majesty;" which includes
all the officers of the army, and such who
were set up as inquisitors up and down the
country. Yea, single sentinels themselves,
either got or assumed this power, of taking
oaths with respect to delinquents. How
becoming a thing would it have been to see

a person of quality, of the highest quality,
standing before an ensign, lieutenant, or
single sentinel, giving oath super inqui-
rendis? It was odd to see a parliament
going into such an unreasonable thing ; but
we must cease from wondering at any thing
out of the road of reason and decency, in
this period. The special delinquencies,
narrated with a " particularly" in the act, are
not treason, murder, assassination, and other
crimes of an extraordinary nature, neither
were the cases such wherein some forms
must sometimes be overlooked, in order to
get the testes necessarii ; they are " conven
ticles and unlawful meetings." How far
this last may extend, is more than I know.
These were the atrocious crimes against
this constitution, in which father must de
pone against the son, husband against the
wife, brother against the sister, and that in
all the circumstances relative to them ; not
only personal presence at them, but reset
ting of such, and intercommuning with
rebels. However near the ties of blood
and friendship be, the parliament declare,
that " in conscience" subjects are obliged to
depone " against all such." And present
close imprisonment, banishment, and depor
tation to the plantations, are the punish
ments appointed, not only upon a refusal,
but even " a delay to depone" in this case.
The council are required to look after the
execution of this act. The last provision
here is, " that no man s deposition against
another, shall infer against himself the loss
of life, or limb, or banishment." This clause
does not appear to agree so well with their
after-practice, of obliging people to declare
and depone upon ensnaring questions relat
ing to themselves.

The fourth act of this session needs not
be insert : it is a new proof of their deep
concern in the persons and houses of the

conscience, duty, and by the allegiance of sub
jects, to declare and d epone their knowledge
thereof, and of all the particulars relating there
unto. And if any shall happen to be so per
versely wicked and disloyal, to refuse or delay,
to declare or depone, being thereunto required
as said is; his majesty, with advice and consent
foresaid, appoints their punishment to be fining
and close imprisonment, or banishment, by
sending them to his majesty s plantations in the
Indies, or elsewhere, as his majesty s council

shall think fit. Likeas, his majesty with advice
foresaid, doth require his privy council to be
careful in trial of the crimes above-written, and
in the speedy and due execution of the pains
foresaid, upon all such, without exception, as
shall refuse or delay to declare or depone there
upon, as said is. It is always hereby provided,
that no man s declaration or deposition against
any other person, shall infer against himself
the pain of loss of life, or member, or banish
ment.

CHAP. V.

OF THE CHURCH OF SCOTLAND.

169

curates. It makes the assaulting- the lives,
the robbing- or attempting to rob the houses
of ministers, to be death ; and a premium
of five hundred merks is given to the discov
erers of such ; and slaughter in apprehend
ing them is indemnified. All security
doubtlessly ought by the laws to be given
unto the persons and families of ministers ;
yet the reader will notice how frequent
attempts were made, now and after this,
upon the li ves of presbyterian ministers, and
how many of their families were scattered.
Indeed these public robberies and assaults
were coloured over by the present law ; but
that will never alter the nature of things.
We have already heard, that there was no
great cause for making of this law; and
when the attempts upon incumbents came
to be dipped into, they were generally found
to be of no great importance.

The parliament s fifth act, about field con
venticles, is so remarkable, that it deserves
a room in this collection; the reader will
find it below.* I have not met with any

Act anentfield-convenlideSi 1670.

Forasmuch as the assembling and convocating
of his majesty s subjects, without his majesty s
warrant and authority, is a most dangerous and
unlawful practice, prohibit and discharged by
several laws and acts of parliament, under high
and great pains: and that notwithstanding
thereof, diverse disaffected and seditious persons,
under the specious, but false pretences of religion
and religious exercises, presume to make, and
be present at conventicles and unwarrantable
meetings and conventions of the subjects, which
are the ordinary seminaries of separation and
rebellion, tending to the prejudice of the public
worship of God in the churches, to the scandal
of the reformed religion, to the reproach of his
majesty s authority and government, and to the
alienating of the "hearts and affections of the
subjects, from that duty and obedience they owe
to his majesty, and the public laws of the king
dom. For the suppressing and preventing of
which for the time to come, his majesty, with
advice and consent of his estates of parliament,
hath thought fit to statute and enact, likeas they
do hereby statute and command, that no outed
ministers who are not licensed by the council,
and no other persons not authorized, or tolerate
by the bishop of the diocese, presume to preach,
expound scripture, or pray in any meeting,
except in their own houses, and to those of their
own family; and that none be present at any
meeting, without the family to which they
belong, where any not licensed, authorized, nor
tolerate as said is, shall preach, expound scrip
ture, or pray : declaring hereby, all such who
shall do in the contrary, to be guilty of keeping
of conventicles ; and that he or they who shall
so Breach, expound, or pray, within any house,

II.

acts before it, in Scotland or any
Christian kingdom, of this strain;
and the bloody acts which follow, are very
much bottomed upon this. By it a minis
ter, preaching to a house full of people,
if some happen to be without doors, is
condemned to die. Some remarks offer
upon the act itself, though indeed it is
so unprecedented and rigid, that it needs
no commentary. Upon the matter, the
preface and narrative of this act have been
already considered. It is a jest to tell, that
" house meetings," or meetings for preach
ing the gospel, are " assemblies and convo
cations of the lieges without his majesty s
warrant." Every one knew, " the free
liberty of preaching and hearing the evan
gel," is again and again ratified by our laws ;
and if any thing since the (year) 1660,
ranversed these good laws, which 1 see not,
the " primitive Christians," as well as these
under " antichristian tyranny," made no
difficulty to meet for worshipping God,
without the protection of the civil magistrate,

shall be seized upon and imprisoned, till they
find caution, under the pain of five thousand
merks, not to do the like thereafter, or else
enact themselves to remove out of the kingdom,
and never return without his majesty s license ;
and that every person who shall be found to
have been present at any such meetings, shall
be toties quoties, fined, according to their quali
ties, in the respective sums following, and
imprisoned until they pay their fines, and fur
ther, during the council s pleasure, viz. each
man or woman, having land in heritage, life-
rent, or proper wadset, to be fined in a fourth
part of his or her valued yearly rent; each
tenant labouring land, in twenty-five pounds
Scots ; each cottar, in twelve pounds Scots, and
each serving man, in a fourth part of his yearly
fee : and where merchants or tradesmen do not
belong to, or reside within burghs royal, that
each merchant or chief tradesman be fined as a
tenant, and each inferior tradesman as a cottar:
and if any of the persons above-mentioned shall
have their wives, or any of their children living
in family with them, present at any such meet
ing, they are therefore to be fined in the half of
the respective fines aforesaid, consideration be
ing had to their several qualities and conditions.
And if the master or mistress of any family,
where any such meetings shall be kept, be
present within the house for the time, they are
to be fined in the double of what is to be paid by
them, for being present at a house conventicle.
And it is hereby declared, that magistrates of
burghs royal are liable, for every conventicle to
be kept within their burghs, to such fines as his
majesty s council shall think fit to impose; and
that the master or mistress of the house where
the conventicle shall happen to be kept, and the
V

THE HISTORY OF THE SUFFERINGS

[BOOK II.

yea, against his decrees. The cha-
racter which follows, of the persons
who keep up and frequent those meeting s is
very unjust and groundless. Disaffected to
prelacy they still owned themselves to be,
and the longer it continued, they saw the
less reason to alter their opinion ; but they
never owned or approved any thing 1 in the
least seditious. The promoving of real
religion in themselves and others, and their
keeping their conscience undefiled from
what they reckoned evil, was indeed before
them ; and they made no " specious appear
ances," since, as far as possible, it was both
their endeavour and interest to be as much
hid in their meetings as might be> far less
were they chargeable w r ith " false pretences
to religion :" yea, I will venture to affirm
that much of the real exercise of religion
now in Scotland, was among them, and such

persons present thereat, are to relieve the magis
trates, as the council shall think fit to order the
same; it heing notwithstanding free to the
council to fine the inhabitants of hurghs for
heing present at conventicles within or without
burghs, or where their wives or children shall
be present at the same. And further, his
majesty understanding that divers disaffected
persons have been so maliciously wicked and
disloyal, as to convocate his majesty s subjects to
open meetings in the fields, expressly contrary
to many public laws made thereanent ; and
considering that these meetings are the rendez
vouses of rebellion, and tend in a high measure
to the disturbance of the public peace, doth there
fore, with advice and consent foresaid, statute
and declare, that whosoever, without license or
authority foresaid, shall preach, expound scrip
ture, or pray, at any of those meetings in the
field, or in any house where there be more
persons than the house contains, so as some of
them be without doors (which is hereby declared
to be a field conventicle) or who shall convocate
any number of people to these meetings, shall
be punished with death, and confiscation of
their goods. And it is hereby offered and
assured, that if any of his majesty s good subjects
shall seize and secure the persons of any who
shall either preach or pray at these field-meet
ings, or convocate any persons thereto, they
shall for every such person so seized and secured,
have five hundred merks paid unto them for
their reward, out of his majesty s treasury, by
the commissioners thereof, who are hereby
authorized to pay the same ; and the said seizers
and their assistants are hereby indemnified for
any slaughter that shall be committed in the
apprehending and securing of them. And as to
all heritors and others aforesaid, who shall be
present at any of these field-conventicles, it is
hereby declared, they are to be fined, Mies
quottes, in the double of the respective fines
appointed for house-conventicles ; but prejudice
of any other punishment due to them by law as

as favoured them, and entertained a warm
love to them. That those meetings were
" seminaries of separation" from the prelates,
was owned ; every body knows it, and the
government itself had allowed separation of
this kind : but their being " seminaries of
rebellion," must be proven before it be
credited. It is nothing else but an old
threadbare aspersion, cast with equal justice
upon the primitive Christian confessors by
their persecutors. What follows is singu
larly expressed, " tending to the prejudice
of the public worship of God in the
churches." Had it been expressed, " the
prejudice of hearing the established clergy
in the churches, it needed not be much
controverted: but God s worship ought not
to be confined to the churches, especially
when thus filled. The Lord witnessed his
acceptance of worshipping him in the fields

seditious persons and disturbers of the peace
and quiet of the kirk and kingdom. And see
ing the due execution of laws is the readiest
means to procure obedience to the same ; there
fore, his majesty, with consent and advice fore-
said, doth empower, warrant, and command all
sheriffs, Stewarts of stewartries, lords of regali
ties, and their deputes, to call before them, and
try all such persons who shall be informed
to have kept, or been present at conventicles
within their jurisdictions, and to inflict upon
these who shall be found guilty, the respective
fines exprest in this act ; they being always
countable to the commissioners of his majesty s
treasury, for the fines of all heritors within their
bounds. And his majesty, for the encourage
ment of the said sheriffs, Stewarts, and lords of
regalities, to be careful and diligent in their
duties therein, doth allow to themselves all the
fines of any persons, within their jurisdictions,
under the degree of heritors j and requires the
lords of his majesty s privy council to take
exact trial of their care and diligence herein :
and if the sheriffs, Stewarts, and bailiffs, be
negligent in their duties, or if the magistrates
within burghs shall be negligent in their utmost
diligence, to detect and delate to the council all
conventicles within their burghs, that the coun
cil inflict such censures and punishments upon
them as they shall think fit. And the lords of
his majesty s privy council are hereby required
to be careful in the trial of all field and house-
conventicles kept since the first day of October,
one thousand six hundred and sixty-nine, and
before the date hereof, and that they punish the
same conform to the laws and acts of state for
merly made thereanent. And lastly, his ma
jesty being hopeful that his subjects will give
such cheerful obedience to the laws, as there
shall not be long use of this act, hath therefore,
with advice foresaid, declared, that the endur
ance thereof shall only be for three years, unless
his majesty shall think fit that it continue
longer.

CHAP. V.

OF THE CHURCH OF SCOTLAND.

171

And houses, very sensibly. That the pro
hibition of worshipping 1 God in houses and
the fields, especially in this bloody and anti-
christian manner, " was a scandal to the
reformed religion," I do not question ; but
that the practice of presbyterians, here pro
hibited, was not so, is evident from the
practice of our own reformers, and that of
almost all the reformed churches, in less
straitening- circumstances than Scotland was
in at present. The advisers to this and the
like severe laws, certainly " cast a reproach
on the king s government, and alienated the
hearts of some of the best of his subjects
from him," of which he was not altogether
insensible, when it was too late ; but
nothing of disregard to the king s person or
government, could as yet be objected against
the preachers at these meetings.

I come forward to consider the statutory
part of this act, which is double; against
house conventicles, and what now was called
field meetings. Even as to the first the act
runs very hard; but as to the second it is
unreasonably severe. The hardships as to
house conventicles, will appear in the per
sons discharged, and the penalties. It is
then statute, that no "outed ministers," this
one would almost expect, but it is added,
" no others," shall preach, expound scrip
ture, or pray "any where but in their own
family." This breaks in upon the rights of
the ministers of Christ through all the
reformed churches. A foreign minister, if
he come to Scotland, must either turn epis
copal, or be persecuted for the exercise of
his office. Here all ministers, save the
substitutes of the bishops, and these allowed
by the council, are discharged " to preach,
pray, or expound scripture any where but
in their own house, and to their own
family;" and why not to their own family
upon the road, or in another house ? And
what reason can be given why they should
not preach, &c. in another family, where
providentially they happened to be, when it
did not interfere with public worship in the
churches ? It is yet more strange to find
them discharged " to pray any where but in
their own house, and to their own family."
If it must be supposed that " preaching and
opening the scriptures," will alienate the

hearts of subjects from this govern-
ment; shall we think that praying
in another family will do so likewise ?
Must poor presbyterians, in a sinful time,
and under a persecuted lot, be hindered
to pray together to the Lord ? And if
an outed minister comes to a family where
he is desired, shall it be sedition in him
to pray to God " out of his own house ?"
This, I confess, is a " scandal to the re
formation," yea to Christianity itself, and
a reproach on the king s government, if it
be the import of the act, as I cannot see
but it is. And to end this, as it relates to
the persons, none must be present at such
a meeting for " prayer, expounding, or
preaching," under the following penalties.
Which brings me to the other branch of
hardships, " the penalties." Both preachers
and hearers fall under the pains of sedition,
and rebellion, I think, too, for a house con
venticle. The minister is to be seized upon,
and imprisoned, till he find caution not to
keep another conventicle, under the pain of
five thousand merks; a round sum indeed,
and much more than many of the outed
ministers had left them. In short, they
must either bind themselves to give up their
ministerial commission, or voluntarily banish
themselves out of the king s dominions ;
and all this for "praying to God any where
else but in their own houses." The poor
hearers and joiners, toties quoties, are fined;
" an heritor in a fourth part of his yearly
valued rent, a tenant and labourer of the
ground in twenty-four pounds, a cottar in
twelve pounds, a servant in the fourth part of
their fee." And that none might escape,
their wives and children are fined in the
half of the former sums "respective." The
reader shall, within a little, know what pro
digious sums were decerned against many
gentlemen, for an accumulated number of
times they were alleged to be guilty, in the
terms of this act. And to secure all, " they are
to be imprisoned till they pay the said fines;"
yea, that they may be doubly punished for
one fault, they are to be imprisoned further,
" as long as the council sees fit." This
was a good clause to keep them from incur
ring new fines; but the penalties do not
end here. Further, to discourage these so

172

THE HISTORY OF THE SUFFERINGS

[BOOK II.

much hated " house conventicles,"
the master or mistress of the house
is to be "fined double the former rates."
Yet all this did not discourage good people ;
but such meetings increased, to the fretting
and galling of the prelates. Lastly, to be a
cover for magistrates persecution in burghs,
the magistracy are most unreasonably made
liable for such fines as the council shall
inflict, for every house meeting within the
burgh : aud they are to have their relief off
the housekeepers and hearers ; and the
council are empowered to fine the inhabitants,
as they see good, to the boot.

But the statutory part of the act, anent
field conventicles, is yet more severe ; and
the ministers and meeters at them have
abundance of hard names bestowed upon
them, "maliciously wicked, disloyal, tending
in a high measure to the breach of the
public peace." One would think, the first
two are as much in house as in field con
venticles. Field conventicles are described
to be, not only what every one would guess
them to be, " meetings in the open fields,"
but likewise " meetings in a house for
prayer and preaching, where more meet
than the house contains, and some are
without doors." Now what a hardship was
this, that a minister and a house-full of people
should only be punished as above? but if
two or three happen to be without doors^
the minister and convocator must die : what
difference can any reasonable man suppose
this to make, in the supposed crimes
answerable to the vastly different punish
ments; especially when the minister either
knew it not, or could not help it, or some idle
and malicious persons, with a design to
make the meeting death, did gather about
the doors ? Well, the minister and convo
cator of such a meeting, " shall be punished
with death and confiscation of goods." I
hope the reader will observe the impudence
and effrontery of the prelatic writers, who tell
us, there were no severities exercised in the
reigns of the two brothers, and term them
" a time of the mildest government." Fur
ther, to gratify the persecuting temper of
such who pushed these cruel acts, a reward
of five hundred merks is offered out of the
treasury, to such as shall " inform against,

seize and secure the ministers or convo-
cators of such meetings :" and if any, in
apprehending them, shall commit slaughter,
they are indemnified. Here is a price of
blood, and a reward of unrighteousness-
And the reader will notice a temptation,
and a kind of necessity here laid upon the
people, by the prelates and their supporters,
to bring arms with them when they came to
hear the gospel : which afterwards was
punished by death, and about which so
much noise is made by the friends of the
bishops, and the advocates for those times.
First they attempt, and then accuse and
punish. They constrain people to bring
arms to defend their ministers, who ven
tured their lives to preach the gospel of the
kingdom to them, as they would not see
them butchered, for their regard to their
souls; and then they declare this to be
treason. As to the hearers at those field
conventicles, real and legal, for every fault,
toties quoties, the " former fines are doubled,
but prejudice of what other punishments
the law lays them under, as seditious per
sons, and disturbers of the public peace."
How oft must the same crime be punished ?
As this law in all its points is extraor
dinary, so the execution of it must be pro-
portionably out of the common road. Not
only all sheriffs, stewards, lords of regalities,
but their deputes are empowered, yea com
manded, upon information, to call before
them all persons within their respective
jurisdictions, whom they suspect ; and upon
finding them guilty, to exact the above
named fines. They are indeed made ac
countable to the council for the fines of
heritors : but as a bribe, and the wages of
unrighteousness, all the fines of others are
given to themselves. It must be owned
this was a very effectual way to execute this
severe act ; and by the way it will be
noticed, that this clause puts me, or any
who give accounts of the exorbitant and
terrible fines and exactions, for many years
following, upon this act, perfectly out of
case to give a calculation of them. No regis
ter was kept, no account was to be made,
and all was pocketed. By this time many of
them have made a reckoning before tht
highest tribunal, whither some of them have

CHAP. V-j

OF THE CHURCH OF SCOTLAND.

173

been very suddenly called, from the very
places where they executed this iniquity
established by a law. I could instance, but
shall leave their names to be buried with
them in their graves. And lest this bribe
should not be effectual enough, the council
are ordered carefully to inquire after, and
overlook those under executors of this law,
and punish their neglect, as they find cause.
It is much this act is not made to look back,
as was the fashion now of many of our laws.
However, lest this omission should be
improven to the advantage of presbyterians,
the council are ordered to look back, and
carefully to punish former faults, accord
ing to former laws. All is shut up with the
parliament s hopes, that this act would do
the business of presbyterians, either kill
them, or convert them in three years time,
and so it is made only for that space. And
the king is empowered, as a branch of his
prerogative, to protract and lengthen it out
as he pleaseth. I have taken a large view
of the contents of this act, as containing a
full document of the spirit of prelates, the
severity of this period, and the hardships
presbyterians were under at this time, and
shall very quickly despatch the rest.

Their sixth act is "against disorderly bap
tisms," and I have annexed it in a note.*
Its narrative I cannot well account for, un-

* Act anent baptisms, 1G70.

Forasmuch as the disorderly carriage of some
persons, in withdrawing from the ordinances of
the sacraments in their own parish churches,
and procuring their children to be baptized by
persons not publicly authorized or allowed, is
highly scandalous to the protestant religion, and
tends exceedingly to the increase of schism and
profanity ; therefore the king s majesty, with
advice and consent of his estates in parliament,
doth statute and prohibit all his majesty s sub
jects, that none of them, of whatsoever degree or
quality, presume to offer their children to be
baptized by any but such as are their own parish
ministers, or else by such ministers as are author
ized by the present established government of
the church, or licensed by his majesty s council,
upon a certificate from the minister of the parish,
if he be present, or in his absence, by one of the
neighbouring ministers ; and declares, that the
father of any child which shall be otherwise
baptized, shall be liable to the pains and penal
ties following, viz. every heritor, life-renter, or
proper wadsetter, shall be fitieJ in a fourth part

less it be from some principles, which j _,
of late are turned so fashion
able among the prelatists, whereby all
the reformed churches abroad, are un
churched. The act says " that baptisms
by persons not publicly authorized, are
scandalous to the protestant religion."
How, at a time, when the whole of our
Scots management was calculated for bring
ing in of popery, they, upon every turn, hook
in "the protestant religion," which they had
so little at heart, I shall not determine :
this I am persuaded of, that it is a scandal
to the protestant religion, to restrict bap
tism, or make its validity depend upon a
person s being publicly authorized by the
civil magistrate. The penalties upon bap
tisms by any not thus authorized, are the
fourth part of the heritor s yearly valued
rent, a hundred pounds to the better sort,
and fifty pounds to the meaner kind of
merchants, tredesmen and tenants, twenty
pounds to cottars, and the half of their fee
to ser\a,nts,totiesguoties. And all the fines,
except those of heritors, are given as above,
to the under executors, to encourage them
to diligence in persecution, when the bishop*
curate, or any other informs. This act was
a foundation for terrible exactions, and the
contravening of it was more easily evinced
than that of the former.

of his valued yearly rent ; every person above
the degree of a tenant, having a personal, but no
real estate, in one hundred pounds Scots; every
considerable merchant in one hundred pounds ;
every inferior merchant, or considerable trades
man, and every tenant labouring land, in fifty
pounds ; every meaner burgess, tradesman, in
habitant within burgh, and every cottar, in
twenty pounds Scots; and every servant in half
a year s fee. And his majesty, with advice fore-
said, requires the sheriffs, Stewarts, lords of re
galities and their deputes and magistrates of
burghs royal, within their several bounds and
jurisdictions, to be careful to put this act in
execution; and that upon information from the
bishop of the diocese, or any other, they call be
fore them, and judge the persons contraveners
thereof, and uplift the penalties foresaid. Like-
as, his majesty, for the further encouragement
of the said sheriffs, and others foresaid, to do
their duty herein, doth allow them to retain for
their own use, the fines of the several persons
above-mentioned, except these of the heritors,
for which they are to be countable to the com
missioners of his majesty s treasury.

THE HISTORY OF THE SUFFERINGS

[BOOK II.

1C70.

The seventh act I have likewise
added, in a note.* It is against
separation, and is both a great foundation of

* Act anent sejmration, 1670.
Forasmuch as it is the duty of all his majesty s
good subjects, to acknowledge and comply with
his majesty s government, as it is by the laws ot
the kingdom established in church and state,
and in order thereunto to give their cheerful
concurrence and countenance to such ministers,
RS by public authority are, or shall be admitted
in their several paris hes, and to attend all the
public and ordinary meetings of divine worship
in the same; and seeing the laws of the kingdom
have declared a withdrawing, and not keeping
of, and joining in these meetings, to he seditious,
and of dangerous example and consequence, his
majesty conceives himself also hound in con
science and duty to interpose his authority, that
the public exercises of God s worship be coun
tenanced by all his good subjects, and that such
as upon any pretext do disorderly withdraw, he
by the censures of the law made sensible of their
miscarriages, and by the authority of the law,
drawn to a dutiful obedience to it : and there
fore, his majesty, with advice and consent of his
estates in parliament, statutes, ordains, and com
mands all his good subjects of the reformed reli
gion within this kingdom, to attend and fre
quent the ordinary meetings appointed for divine
worship, in their own parish churches, declaring
hereby, that every such person who shall three
Lord s days together, withdraw arid absent them
selves from their own parish churches, without
a reasonable excuse, to be allowed or disallowed
by the judges and magistrates after-mentioned,
shall, tolics quotics, he liable to the pains and
penalties following, viz. every person having
land in heritage, life-rent, or proper wadset, in
the eighth part of his or her valued yearly rent;
every tenant in six pounds Scots ; every cottar
or servant in forty shillings Scots ; every person
above the degree of a tenant, and who hath a
personal, but no real estate, in twelve pounds
Scots ; every considerable merchant, in twelve
pounds Scots ; every inferior merchant, and con
siderable tradesman, in six pounds Scots ; every
other meaner burgess, tradesman, and inhabitant
within burgh, in forty shillings Scots. And
his majesty, with advice and consent foresaid,
doth commit the execution of this act, and the
raising the penalties above-mentioned, to the
sheriffs, Stewarts, lords of regalities and their
deputes, and to magistrates of burghs within
their several respective jurisdictions, and doth
hereby authorize and require them to be careful
to see this act put in due execution ; and in
order thereunto, that they examine upon oath
such persons in every parish as they shall think
fittest, for discovery of such as shall withdraw,
and thereby incur the penalties above-mentioned.
And for their encouragement herein, his majes
ty, with advice foresaid, doth hereby allow to
themselves the fines of all persons within their
respective jurisdictions, below the degree of
heritors, they being always countable for the
fines of ^the heritors to the commissioners of his
majesty s treasury. And in case any heritor,
liferenter, or proper wadsetter, shall be so fro-
ward and obstinate, as to withdraw from their

the persecution of preshyterians, and a real
toleration to papists.f In reading the narra
tive of this law, it will appear the lawgivers
take it for granted, that keeping of the meet
ings for worship, under the prelates and
their curates, is a compliance " with his
majesty s government, as now established in
the church," that is, as I take it, with his
royal supremacy, " and a cheerful concur
rence with such ministers, as by public
authority, are or shall be admitted :" and
therefore it is the less to be wondered at,
that presbyterians, who could not in con
science comply with either the one or the
other, under this view of the sense of the

parish churches for the space of one year, not
withstanding of their being fined as aforesaid ;
it is ordained, that the sheriffs and other judges
aforesaid, within their several jurisdictions,
delate them to his majesty s privy council, who
are hereby authorized to call the said persons
before them, and to require them to subscribe
the bond following. " 1 oblige my

self, that 1 shall not upon any pretext or colour
whatsoever, rise in arms against the king s
majesty, or any having his authority or com
mission, nor shall assist nor countenance any
who shall rise in arms." And if any person so
called and required, shall refuse or delay to
subscribe the bond, that the lords of his majesty s
privy council secure, or banish them, as they
shall think fit. And it is hereby declared, that
upon such refusal or delay to sign this bond,
the single escheat and life-rent escheat of the
refusers or delayers shall fall and appertain to
his majesty, and is to be intromitted with, and
disposed of for his majesty s use. Likeas, the
lords of his majesty s privy council, are hereby
required to call, from time to time, for an
account from the sheriffs, and others foresaid,
of their diligence in putting this act in execution ;
and if they be found negligent, that they inflict
such censures and punishments on them, as
they shall judge fit. And it is further declared,
that this act is to endure only for the space of
three years, unless his majesty shall think fit it
continue longer. And it is further hereby pro
vided, that this act is to be without prejudice of
the censures of the church, to be used against
such who shall be absent from the public meet
ings for God s worship, conform to the former
acts and practices of the church thereanent.

f " The earl of Lauderdale with his own hand
put in a word in the act that covered the papists,
the fines being laid on such of the reformed
religion as went not to church. He pretended
by this to meet with the popish party, the duke
of York in particular, whose religion was yet
a secret to us in Scotland, though it was none at
court. He said to myself, he had put in these
words on design to let the party know they
were to be worse used than the papists them
selves." Burnet s History of his Own Times,
vol. i. p. 430. Ed.

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

175

legislator, did withdraw. Their withdraw
ing was before in law sedition ; but now the
king is made " to reckon himself in con
science bound" to go some further lengths,
and so commands all his " subjects of the
reformed religion" to attend public worship,
under the penalties afternamed. This was,
and most reasonably, reckoned a relaxation
of all the former laws made against papists,
and a material toleration to them. So they
took it, and the executors of the law never
touched them : but all protestants Avho
withdraw from their parish church three
Lord s days together, are to be fined toties
guoties. Heritors in the eighth part of their
rent, tenants in six pounds Scots, cottars
and servants in forty shillings, merchants
and tradesmen as in the act; and the
sheriffs, &c. are bribed to execute this, as
in the fifth act above. And besides, they
are made judges of relevancy as to the
excuse for absence, though they be parties,
in all cases, save that of heritors, and would
probably determine favourably for their own
purse. They are further empowered to
take what oaths they find needful for
discovering the guilty in every parish ; which
was a new handle of persecution, according
to the second act just now noticed.

A pretty singular clause is tacked to this
law. If an heritor, liferenter or wadsetter
continue a year absent from his parish
church, the sheriffs, &c. are to delate them
to the council, who are to put the bond
of nonresistance and passive obedience,
annexed to the act to them ; and upon their
refusal or delay to subscribe the bond, they
are to secure or banish them; and their
"single and liferent escheat falls imme
diately to the king, and is to be inter
meddled with for his use. This both
quickened the under-executors of the law to
their work of fining, lest the council should
take it out of their hand, and proved, in a
few years, ruining to the estates and families
of not a few. It cannot escape the reader s
remark, that the loss of single and liferent
escheat, imprisonment, and banishment, is
here the punishment annexed to simple
withdrawing from parish churches ; beside
the fines the under-exactors may have
uplifted before. This is plain oppression,

1670.

merely for conscience sake. The
council are likewise to look after
the execution of this act, and censure
inferior judges for their negligence : and it
is to endure three years, and as long further
as the king, i. e. the prelates, pleaseth, and
to be without prejudice of ecclesiastical
censures. In this parliament then we see
a very broad foundation laid for heavy and
rigorous persecution of presbyterians, in
their goods, liberty, and life. The council
and under-judges were not negligent in the
execution of those acts, during the eight
following years, which, together with the
sending into the west country a barbarous
Highland host, to exasperate people s spi
rits, all which issued in a second and fruit
less appearance at Bothwell, was justly
chargeable upon these unaccountable laws,
and their severe execution. But we shall
first meet with the cunning of the fox, going
before the paw of the lion; and that brings
me to

SECT. IV.

Of the accommodation proposed with pres
byterians, and other methods taken this
year, by bishop Leighton.

HAVING considered the rigid measures taken
this year with prebyterians, I come to give
account of some attempts of another nature
made upon them, in order to shake them off
their principles, and to divide them among
themselves. Mr Robert Leighton, bishop
of Dunblane, upon archbishop Burnet s
demission, was made commendator, or admi
nistrator of the archbishopric of Glasgow ;
and this altered matters a little with relation
to presbyterian ministers who lived in that
diocese. This man set up upon another
lay, than the rest of the bishops. Some
what hath been said of his character in the
first book : I shall only now add, that he
was son to Dr Leighton;* who for his
" Zion s Plea against Prelacy," had his ears
cropt in England. The son, from zealous
violent covenanter at Newbottle, by desert-

See note, vol. i. p. 237.

176

THE HISTORY OF THE SUFFERINGS

[BOOK II.

ing his charge there, got in to
" be principal of Edinburgh, where
he led a very monkish life : and after the
restoration, turned so courtly, as to em
brace the meanest of the bishoprics : and
now, having the see of Glasgow in coni-
niendam, he affected to show himself first
pure, and then peaceable; and appoints
a purging committee for his clergy, and
theu endeavours to retrieve their credit,
by bringing some of the most eminent
preachers of the prelatical set to the west.
Towards the end of the year, his proposal
for an accommodation was made. A taste of
each of these perhaps the reader may desire,
and though they do not so directly relate
to the sufferings, I shall hint a little at
them, since we have not the ecclesiastic
history of this time.

When the bishop entered upon the ad
ministration, he finds the country full of
complaints of the scandals of his clergy;
and, I suppose at his first synod, he appoints
a committee of his underlings to receive
complaints, regulate the affairs of ministers,
convene before them the scandalous and
unworthy, make trial of what was laid to
their charge, and to determine according as
they found cause. As far as I can learn,
this committee was not restricted to the
members of the diocese of Glasgow ; but
Mr Charters, Mr Nairn, Mr Aird, and
some others, whom we shall find just now
were brought west upon another errand,
were joined to them : and the council being
acquainted with the design, interpose their
authority in the matter, by their act, August
25th. " The council being informed, that
the synod of Glasgow have appointed a
committee of their number, to hear and
take trial of such complaints as shall be
given in to them against scandalous minis
ters ; and it being expedient that they have
all encouragement in what is committed to
them, do appoint Sir John Cochran of
Ochiltree, Sir Thomas Wallace, Sir John
Cuningham, Sir John Harper, the provosts
of Glasgow and Ayr, to meet with them,
and countenance and assist them, and be
careful that their orders and citations be
obeyed." Public intimation w r as made
throughout the diocese of Glasgow, that

liberty was granted to all, to table their
complaints against their ministers, before
the bishop and the assistants he had as
sumed. Whatever zeal seemed to discover
itself in this new step the bishop was pleased
to take, yet no great advantage to the
interests of pure religion was expected by
persons who considered how matters stood.
Every body knew, that while the bishop
was at Dunblane, he had as scandalous and
ignorant a clergy as in Scotland, and yet
there, he never offered to turn one of them
out.

When this committee met in September,
they endeavoured to make as narrow a door
as might be for complaints and delations ;
and in the entry, to put an effectual bar in
the way of accusations, it was urged, that
none should be permitted to table a com
plaint against a minister, unless he first took
and signed the declaration ; but finding from
some lawyers with them, that they had no
warrant to require the declaration, this pro
posal was unwillingly laid aside. I find it
remarked by some, that to discourage com-
plainers, they ordered that such as did
succumb in the probation of their libel,
should appear in sackcloth before the con
gregation, as slanderers of their minister ;
and accordingly, that one, in the entry upon
his failure in full probation, was thus cen
sured, ad terrorem. But for my own share,
I think nobody should be suffered to be
spatter the reputation of others, without
proof. Whether the committee drove this
matter too far I cannot tell. By those
things a good many parishes were hindered
from appearing against their curates, expect
ing but little justice from the bishop and his
assistants : and where it could be got done,
not a few chose rather to agree with them
for a little money, voluntarily to remove.
This severals did accept of, and some went
to Ireland, some to the north and east
country, whence they came. However, in
some places the probation was so clear,
there was no getting by it. The incumbent
at Killallan, in the presbytery of Paisley,
was deposed simpliciter. His nearest neigh
bour in Kilmalcom, of whom before, with
some three or four others, were only trans
ported, and removed elsewhere, although

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

177

several acts of drunkenness were directly
proven against them.

The evident partiality of the committee,
in the case of the forementioned Jaffrey of
Maybole, made the greatest noise. We
have heard, that lately he libelled his pa
rishioners for an attempt upon his life ; now
they take their turn, and libel and prove
before this committee the crimes of profane
swearing 1 , striking, fighting 1 , and plain drunk
enness : yet the committee were in a fair
way to absolve him, and censure his ac
cusers ; and would have done so by plurality
of voices, had not the bishop, ashamed of
this, interposed, and in the plenitude of
his episcopal power, forbid him the exercise
of his ministry in that parish. Thus the
committee were either partial, or the bishop
unjust in his censure, which was indeed
generally looked on as soft, and very dis-
proportioned to his crimes, and both were
blamed. However, the people got rid of
this troublesome guest. This is all the
account I have of this purging committee,
which made so much noise, and did so little
to the purpose.

About the same time, the bishop took
another method to prevent any further
indulgence to presbyterian ministers, and, if
possible, to retrieve the credit of the clergy,
and to cast a cloud upon the indulged
presbyterian ministers. The council are pre
vailed with to hire and send west, some of
the episcopal clergy, whose fame, learning,
and preaching gifts, might most recommend
them to the people in the west country. I
find nothing of this in the registers ; but I
am well informed, they had all of them
letters from the council to go west, and a
share of the vacant stipends promised them,
or a gratuity from the treasury. Those
were by the country people termed ironically,
"the bishop s evangelists." As far as I
can recover them, their names were, Mr
James Nairn, a person of very considerable
learning and gifts, but inclinable to the
Pelagian tenets, as was then thought; Mi-
Gilbert Burnet, well known to the world
since, first professor of divinity at Glasgow,
and after that persecuted for his appearing
against popery, and for the cause of liberty;
and since the revolution, the learned and

n.

1670.

moderate bishop of Sarum, one
of the great eyesores of the
highfliers and Tories in England, and a
very great ornament to his native coun
try; Mi- Laurence Charters, a man of
great worth and gravity, but not alto
gether so fit for a mission of this nature,
by reason of his unpopular utterance ; Mr
James Aird, commonly called " bishop
Leighton s ape;" Mr Patrick Cook, and
Mr Walter Paterson. These persons, at
least some of them, were of such reputation
and credit with their admirers, that it was
reckoned all the west would be proselyted
by them, or at least very much exposed, if
they fell not in with them; but they them
selves found matters otherwise when they
came.* Few proselytes were made, and in
many places where they came, they could
not have a congregation. Two or three
hundred were the utmost, and these mostly
of the younger sort, who came out of curi
osity, and after a day or two left them ; so
that very soon they wearied of their fruitless
undertaking, and the gravest of them frankly
owned, that the west country could not be
edified so well as by their own ministers.
The indulged had not the least hurt by this
experiment. Beside the stipend of parishes
where they preached till they wearied, I am
told, the council bestowed liberal rewards
upon them.

The last effort bishop Leighton made,
was, toward the close of this year, by the
accommodation proposed to some of the
presbyterian ministers. The design of this
was nothing else but to hook in the presby
terian ministers to an unperceived subjection
to bishops : the snare was seen, and pru
dently and cautiously evited. The case of

# Burnet, speaking of this affair, says, " The
people of the country came generally to hear us,
though not in great* crowds. We were indeed
amazed to see a poor commonalty so capable to
argue upon points of government, and on tho
bounds to be set to the power of princes in
matters of religion. Upon all these topics they
had texts of scripture at hand ; and were ready
with their answers to any thing that was said
to them. This measure of knowledge was
spread even among the meanest of them, their
cottagers and their servants." History of his
Own Times, voL 5. p. 431. When or where did
ever episcopacy produce such effects !Ed.
z

173

THE HISTORY OF THE SUFFERINGS

[BOOK II.

this accommodation is already pub-
lished, and in the hands of many ;
so I shall only give a short narrative of this
business. Much of it was transacted this
year, and the last part of it in the beginning
of the next. All shall be put together in
this place.

The king s commissioner, Lauderdale, at
bishop Leighton s desire, wrote letters to
Mr George Hutchison indulged at Irvine,
Mr Alexander Wedderburn at Kilmarnock,
Messrs Matthew Ramsay and John Baird
at Paisley, Mr John Gombil at Symington,
desiring them to come into Edinburgh,
August 9th, this year, upon matters of con
siderable importance he had to communicate
to them. They all came at the day, and
waited upon the commissioner at Holyrood-
house, where they found some of the coun
sellors, bishop Leighton, and Mr Burnet,
about this time made professor of divinity at
Glasgow. Lauderdale opened the meeting,
with acquainting the ministers, that he had
not heard of any miscarriage in any of them ;
but he had sent for them to advise with
them concerning an accommodation, and to
propose an agreement upon joint measures,
which might tend to the peace of the church;
and enlarged upon the king s great conde
scension to them, and his wishes for a
complete unity and harmony. Bishop Leigh-
ton seconded the commissioner in a long
harangue, insisting much upon his majesty s
clemency and benignity, mixing in some
bitter remarks upon some alleged evils in the
presbyterian constitution, he had observed
when among them. The ministers made no
reply to him, this being not so proper a
place ; but, on the morrow in his chamber,
they answered his reflections at full length.
Lauderdale pressed that they might give
their sentiments of the proposal of an ac
commodation betwixt the dissenting parties
about church government in the west. They
signified that the proposal did concern the
whole body of presbyterians, indulged and
not indulged, and declined to give their
private judgment in a thing of general con
cern, till their brethren were consulted.
They likewise desired the proposal might
be given them in writ ; which the bishop
promised, but did not perform.

The result of this conference was, the com -
missioner allowed presbyterian ministers,
indulged and not indulged, to meet among
theraselves,to consider the bishop s proposal ;
and gave them until the first of November,
to think upon an answer. When the bishop
neglected to give them his project in writing,
the ministers, among themselves, put the
substance of it in this shape, to be communi
cated to their brethren. " Presbyteries being
set up by law, as they were established
before the year 1038, and the bishop passing
from his negative voice, and we having
liberty to protest and declare against any
remainder of prelatic power retained, or that
may happen at any time to be exercised by
him, for a salvo for our consciences from
homologation thereof; Queer itur t Whether
we can, with safety to our consciences and
principles, join in these presbyteries ? Or,
what else it is that we will desire or do for
peace in the church, and an accommodation,
episcopacy being always preserved ?"

Accordingly, the ministers in the south
and west had a very frequent [full] meeting;
and, after full and free conversation, and
mature pondering over every thing which
offered in favour of an accommodation, they
all agreed that the above concessions were
not sufficient to be a foundation of their
sitting and acting in presbyteries and synods
with the prelates. I have seen several papers
which at this time passed among the ministers
on this subject : and the writer of " the case
of the accommodation" hath, at great length,
given the arguments against the proposed
accommodation. The substance of the
reasons offered against it, at the meeting of
ministers, as far as I can reach them, was in
short, That although presbyterian ministers
did sit and act with bishops before the (year)
1638, yet then presbyterian government was
in possessorio, by standing acts of parliament
not rescinded ; and the prelates were merely
obtruded upon presbyteries and synods:
whereas now, episcopacy is established, and
presbyteries are by law discharged. By the
act of parliament 1592, presbyteries were
owned to be courts of Christ ; the intrinsic
power and spiritual jurisdiction of the church
and its judicatories, sessions, presbyteries,
synods, and general assemblies, was then

CHAP. V.]

OF THE CHURCH OF SCOTLAND.

179

ratified : but now that act is rescinded, the
government and policy of the church is
declared to depend upon, and to be ordered
by the " royal supremacy," as an inherent
prerogative of the crown. By virtue of this,
bishops are allowed to assume whom they
please in presbyteries and synods, as mere
assistants ; and these meetings now entirely
depend upon the king s supremacy, and the
prelates as his substitutes. It was added,
that the old presbyterians made a difference
betwixt sitting in presbyteries with a bishop,
or his " constant moderator," and sitting
with him in his " diocesan synod." After
the pretended assembly at Glasgow was
ratified, 1612, and the bishops were invested
with the sole power of ordination and juris
diction, the presbyterian ministers, generally
speaking, left the bishops meetings; and, as
soon as Providence opened a door, they did
their utmost to be rid of the prelates, and
brought about that notable reformation 1638,
of which a joining with the bishops, as now
proposed, would be a plain giving up.

Further, as to the bishop s negative voice,
the present proposal did not appear to them
clear and distinct. The bishop had lately
used it in Jaffrey s case ; there was no law
to restrain it ; though the present commen-
dator yielded it, his successor might claim it.
Besides, the bishop faltered a little, as to
this part of his own proposal, in conversation
with the ministers. When they asked him
what he would do, upon the supposition he
and the presbytery could not agree upon a
point in debate; he answered, he would
enter his dissent against them. And when
urged, whether his dissent would be any
more than that of another member, he
declined speaking of this, and said, the
estates behoved to determine that. So his
dissent upon the matter, seemed still to be
a negative, at least upon the execution of the
presbytery s sentence. They reckoned a
protestation against the episcopal constitu
tion, while they sat and acted with a bishop,
would be protestatio contraria facto, and so
no salve to their conscience. A considerable
difference appeared to them betwixt joining
in public worship with a bishop, or such as
were ordained by him, and sitting in courts
with them ; since the first did not, in all

cases, necessarily infer any appro-
bation of the corruptions of the
minister, or mouth of the worshipping
society: but they could not see how to
join in discipline, without approving of the
episcopal power, whereby the acts of disci
pline were exercised. In short, though this
proposal should have taken in the bounds of
the synod of Glasgow, yet the rest of the
prelates were utterly averse from it. In fine,
the ministers reckoned this accommodation
inconsistent with their principles. The
presbyteries they were to meet in, were
founded only upon the bishop s commission,
which he might enlarge or straiten as he
pleased : they were denuded of the power
of jurisdiction and ordination, which the
bishop reserved in his own hand: they
wanted ruling elders, officers, in their opin
ion of Christ s institution. In a word, the
bishop, in the presbytery, was still clothed
with an episcopal power, though he should,
for a while, lay aside the exercise of it ; and
they reckoned their sitting with him homo
logated episcopacy.

Upon all these accounts, and many others
too long to be narrated, the ministers most
harmoniously refused the accommodation ;
and such of them as before had been called
into Edinburgh, went back at the appointed
time. When they came, the noblemen, and
the earl of Tweeddale in particular, who had
been very forward in this matter, were gone
to London ; so the ministers resolve to wait
their return, and then give their answer, if
required. Meanwhile bishop Leighton as
saults some of them, by letters of the date
November 12th and 19th, desiring a con
ference with the indulged and nonindulged,
and offering to explain his proposal, and add
more concessions. He likewise pressed the
ministers to name time and place. Yet, it
was known, that at the same time, he was
spreading letters to some of his friends,
inveighing against the presbyterians, for not
accepting of his proposal, though their
answer was not yet made public. Such who
received letters from the bishop, advised
with their brethren, who all dissuaded them
from answering in writ; but Messrs Hutchi
son and Wedderburn went into him, and
expostulated with him for his letters to his

180

THE HISTORY OF THE SUFFERINGS.

[BOOK II.

friends just now mentioned. The
bishop extenuated the matter, and
alleged what he had written, was some
considerable time since. They gave him to
know, they did not decline a conference,
providing it was legally allowed by the
magistrate ; but would not name time and
place. At length, when he let them see my
lord Tweeddale s letter to him anent this,
for their part they agreed to the meeting,
which the bishop appointed at Paisley,
December 14th.

That day bishop Leighton, the provost of
Glasgow, Sir John Harper of Cambusne-
than, Mr Gilbert Burnet, Mr James Ram-
sav, dean of Glasgow, came to Paisley, and
about twenty-six presbyterian ministers,
indulged and not indulged, met with them
there. The meeting was begun with prayer,
by Mr Matthew Ramsay, eldest minister of
the town. The bishop opened their con
versation with an eloquent and elaborate
discourse, of near an hour s length. He
harangued upon the peace of the church,
evils of division, and his own condescension
to his brethren, with commendations of epis
copacy, and plain enough invectives against
presbytery. He added some persuasives to
fall in with his proposal, and insinuated
pretty open threats, if it were not gone into.

Mr John Baird, as had been concerted by
the rest, spoke next, and signified, that the
brethren had seriously considered the pro
posal made to them in August ; and could
not, without quitting their principles, and
wronging their conscience, condescend to
sit in judicatories with a bishop, under
whatever name, who is not chosen by these
meetings, nor liable to censure from them for
malversation, and, so far as he could, retains
his negative power, and continues a prelate ;
with whom they reckoned themselves bound,
by solemn engagements to God, not to com
ply. The bishop said, in his usual affected
way, " Is there then no hope of peace ? are
you for war ? is all this in vain V"

Mr Ralph Rogers resumed some of the
bishop s innuendos and reflections upon
presbyterian government, and refuted them.
He had alleged that for many hundreds of
years, bishops had never been opposed in
the Christian church, except by ./Erius. Mr

Rogers assured him, he could disprove this,
and asserted, that the patrons of episcopacy
would never evince, that for some hundreds
of years there was any bishop in the church,
who was not chosen by the clergy, and every
way accountable to them ; or that there
were any archbishops, with the power they
now assume. He stated, with a great deal
of plainness, the differences betwixt the pri
mitive and present bishops ; that these were
still chosen by presbyters, and those im
posed upon them; these only presided,
those do a great deal more; that in the
primitive times there were more than one
in a city, and so could not have that jurisdic
tion they now claim.

Mr Burnet replied, by denying the primi
tive bishops mere precedency, and asserting,
there were then archbishops really, though
they had not the name; and that more
bishops than one in a city was a fault ; and
that Augustine regrets it.*

Mr Wedderburn answered, that the pre
sent bishops were either accountable to
the presbyteries, or uncontrollable; since,
in most places, fora long time, there were no
provincial synods: that Augustine complains
of his entry into a place where another
bishop was settled, only as the transgression
of a canon of the council of Nice ; which
supposeth, that before that council, the
practice was ordinary. And whereas the
bishop had alleged, it was impossible, from
scripture or antiquity, to prove that mere
presbyters had the power of the keys of dis
cipline ; Mr Hutchison took notice, that it
was plain, Christ gave the power of the keys
of discipline and government, to these to
whom he committed the keys of doctrine ;
and observed, that it was undeniable that
the key of doctrine Avas committed to pres-

* 13urnet, History of his Own Times, vol. i. p.
443, says, " 1 was then full of those matters, so
I answered all his speech, and every one of his
quotations, and turned the whole upon him, with
advantages, that were too evident to be so much
as denied by their own party. And it seemed
the person himself thought so; for he did not
offer at one word of reply. " The bishop seems to
have forgotten that there are many reasons for
not replying to an opponent ; the weakness of his
arguments, sometimes being as cogent a one as
their strength. Ed.

CHAP. V.

OF THE CHURCH OF SCOTLAND.

181

byters. No reply was offered to this. The
bishop rose up, and begged they might not
enter upon debates, which would be endless,
and not answer the design of their meeting.
This was gone into, only, in the progress of
their discourse, Mr Alexander Jamison
reasoned so closely with the bishop, anent
the prelates power over presbyters, that the
bishop turned a little uneasy. His nose
fell a bleeding ; whether from this or not I
shall not determine, but he was forced to
retire a while. Several others inclined to
have entered the lists with the bishop and
professor, but were prevented by decla
rations, that the meeting was not for dis
putes.

Mr William Adair, and Mr James Na-
smith, apprehending that the liberty taken in
their reasonings, might come to be made use
of as a handle against the whole of presby-
terian ministers, moved for a delay till to
morrow, and desired the bishop s proposal
in writing, to consider upon. The bishop
said, he had no warrant to give any thing in
writ ; yet, at Sir John Harper s desire, Mr
Burnet set down the sum of the bishop s
condescensions, which Avas read coram, and
the bishop approved it, as containing his
mind. I have annexed a copy at the foot of
the page.* And the reader who desires to
dip into this affair, will find them at length
considered in the case of accommodation.
On the morrow, when the ministers had
considered this paper, they found it con
siderably different from the proposals made

* Bishop Leightori s proposal at Paisley.

1 . That if the dissenting brethren will come to
presbyteries and synods, they shall not only not
be obliged to renounce their own private opinion
anent church government, and swear or sub
scribe any thing thereto, but shall have liberty
at their entry to the said meeting, to declare and
enter it in what form they please.

2. That all church-affairs shall be managed,
in presbyteries or synods, by the free vote of
presbvters, or the major part of them.

S. If any difference fall out in the diocesan
synods, betwixt any of the members thereof, it
shall be lawful to appeal to a provincial synod,
or their committee.

4. That entrants being lawfully presented by
the patron, and duly tried by the presbytery,
there shall be a day agreed on by the bishop and
presbytery, for their meeting together for their
solemn ordination and admission, at which there
shall be one appointed to preach, and that it
shall be at the parish church, where he is to be
admitted, except in the case of impossibility, or

at Edinburgh : and they craved , fi ,~~
some time to consider the matter
further, which was granted them ; and they
| were told, that against the 12th of January
i next, their mind would be expected at Edin
burgh. Thus the meeting at Paisley ended.
The ministers met at Kilmarnock in a
few days, and unanimously agreed, that the
last propositions were more unsatisfactory
than the former proposal : and, I am told,
they drew up their mind in writ, and nomi-
nated Mr George Hutchison, Mr Alexander
i Wedderburn, Mr Robert Miller, Mr William
j Maitland, and some others, to go in to
Edinburgh, and deliver their answer in writ,
if it was required ; and gave them liberty to
add to it as they saw necessary. I have not
; seen a copy of what was agreed to at Kil
marnock, neither do I find that they in
clined that any thing should come from
them in writ, unless commanded by the
government, and pressed to it. I have be-
j fore me a copy of some proposals made
! about this time ; but whether before or
i after the meeting at Paisley, I know not.
, They were not, as far as I know, agreed to
by any meeting of ministers, but drawn up
by some private hand, as a counter proposal
to bishop Leighton s. How far they would
i have satisfied all presbyterian ministers in
j their present circumstances, pro tanto, I
I shall not say ; but I have insert them be-
! low,f as what may give some further light
i to this affair.

These brethren who were nominated,

extreme incoiiveniency ; and if any difference
fall in touching that affair, it shall be referable
to the provincial synods, or their committee, as
any other matter.

5 It is not to be doubted, but my lord com
missioner his grace will make good what he
offered, anent the establishment of presbyteries
and synods; and we trust his grace will pro-
j cure such security to these brethren for declar
ing their judgment, that they may do it without
any hazard, in contravening any law, and that
the bishop shall humbly and earnestly recom
mend this to his grace.

C. That no entrant shall bft engaged to any
canonical oath or subscription to the bishop, and
that his opinion anent that government, shall
not prejudge him in this, but that it shall be
free for him to declare,

f Counter-proposal to the former.
1 That episcopacy being reduced to a fixed
presidency in presbyteries, synods, and general
assemblies, all church matters be managed,

182

THE HISTORY OF THE SUFFERINGS

[BOOK II.

came in to Edinburgh against Ja
nuary 1 1th, 1671, where they found
the chancellor, duke Hamilton, earl of
Tweeddale, and some other counsellors,
with bishop Leighton and Mr Burnet.
There were two meetings at Holyrood-
house, upon the llth and 21st, and
the ministers had several conferences more
privately with the bishop, and sometimes
with some of the noblemen. I have seen
two written accounts of what passed at
Edinburgh at this time ; one drawn by the
bishop, which is answered in the appendix
to the case of accommodation ; and another
drawn by some of the ministers who went
in to Edinburgh. It is needless to swell the
notes with them. In short, the ministers
declared the bishop s proposals unsatisfying
to them and their brethren ; and narrated
some reasons why they reckoned them so.
The bishop, at one of the meetings with the
chancellor, offered a dispute with them.
Mr Hutchison very modestly declined this,
observing that he was not in tuto to dispute
against episcopacy, by reason of the stand
ing law r s, discharging speaking or writing
against it, or arguing for presbytery, under
the pains of sedition. Mr Burnet insulted
a little upon this, and jeered them, because
they would not appear in their cause, w r hich

decided, and determined by the plurality of the
votes of presbyters convened in the said respec
tive meetings, and that bishops act nothing,
neither iu ordination or jurisdiction, but by
moderating in the said meetings without a
negative.

2. That it shall not be in the bishop s power
to refuse to concur in the ordination of any
persons lawfully presented by the patron, and
duly tried and approven by the presbytery ;
and that the ordination be publicly done by the
concurrence of bishop arid presbytery at the
parish kirk ; and in case the bishop, by some
Intervening invincible impediment, cannot keep
the day and hour agreed upon, that a new day
be appointed, and that as soon as possibly can be
thereafter, for the said ordination ; and in case
the bishop shall refuse or delay to concur in the
ordination, the lords of his majesty s privy
council shall, upon complaint of the patron,
parish, or presbytery, direct letters of horning,
charging him for that effect.

3. That as general assemblies, synods, and
presbyteries, are razed and quite taken away, by
act of parliament for restitution of bishops 1662,
and the act for a national synod, so they be also
revived again by act of parliament, the indiction
of the general assembly being reserved to the
king, and the moderating in the synods to the

they called " the kingdom of Christ." Upon
this Mr Wedderburn accepted the chal
lenge, providing the chancellor and coun
sellors present would allow him ; and offered
to prove presbyterian principles to be agree
able to scripture, reason, antiquity, and the
judgment of our reformers from popery:
but the allowance was not granted; so this
proposed accommodation broke up.

CHAP. VI.

OF THE STATE AND SUFFERINGS OF PRESBY
TERIANS IN THE YEAR 1671.

THIS year does not afford so much , ,,
matter for a history of sufferings, as
many in this period ; and therefore I shall
despatch it the more quickly, without break
ing it into sections. The indulged ministers
have their hardships growing upon them,
their brethren, the outed ministers, are
likewise brought into trouble ; the persecu
tion is continued upon the account of con
venticles, and several gentlemen, formerly
confined, are hardly enough dealt with in
their prisons, for their alleged accession to
Pentland; popery in the mean time is very
much increasing. These things, with some
other incidental matters this year, I shall

bishops, as also in presbyteries when they are
present, and, in their absence, by other modera
tors chosen by the synod.

4. That outed ministers, not yet indulged,
shall enter into charges as freely as they who
are indulged.

5. Because many godly ministers cannot be
satisfied in their consciences, silently to concur
with a bishop or a fixed president in the exercise
of government, that it shall be leisom to them at
their first entering into the said presbyteries,
synods, and general assemblies, and as oft there
after as they shall think fit, to protest.

6. That entrants to the ministry have the
same liberty, and be free of the oath of canonical
obedience.

7. That the oath of allegiance be cleared, and
the king s power and supremacy in ecclesiastical
matters to be only potestas civilis.

8. And lastly, because the intervals betwixt
general assemblies may be long, to the effect
bishops may be censurable for their lives and
doctrine, that there be a meeting yearly of the
whole bishops, with three or more ministers, to
be chosen by the free votes of the several synods,
who shall have power to depose, suspend, and

I otherwise censure the bishops, but have no
| power to meddle in any other ecclesiastical

CHAP. VI.]

OF THE CHURCH OF SCOTLAND.

183

give some brief accounts of, that the state
of the church of Scotland, under the cross,
year after year, may the more plainly be
seen. It hath been already observed, that
the real design of the accommodation, which
broke up in the beginning 1 of this year, was
to ensnare presbyterians ; and when they
refused to come into the net, great care was
taken to represent them as unreasonable
men, and a party who had nothing to say
for themselves ; while they were not allowed
to speak in their own cause, the present
severe laws putting a bar upon them. The
bishops took care to improve this occasion,
to continue the stop which was put to
indulging any more presbyterian ministers,
and to bring new difficulties upon such as
were already allowed. The restrictions and
limitations laid upon the indulged brethren
this year, were put to a pretty strict execu
tion. I find it observed by some, that
Lauderdale, who with some opposition got
the indulgence passed, had some difficulty
to get it kept up; till it came to appear,
that people began to split upon this head,
and divisions to creep in, and then the
limitations were but little pressed, and their
disturbance came to be but very small ;
only some of the inferior clergy fretted, and
reflected upon Lauderdale, as in heart a
presbyterian, because he supported the in
dulgence.

When the accommodation was at an end,
January 26th, the council make an act,
confining all the indulged, who kept not
presbyteries and synods, to their parishes.
It is but short, and as follows: " Foras
much as the lords of his majesty s privy
council, in pursuance of his majesty s royal
pleasure, signified to them by his letter,
June 7th, 16G9, did by their act of July 27th,
1669, ordain all such outed ministers, as
should be allowed to exercise the ministry,
to keep kirk sessions, presbyteries, and
synods, as was done by all ministers before
the year 1638, and did declare to them,
that such as should be allowed to exercise
the ministry, and should not obey in keeping
of presbyteries, should be confined within
the bounds of the parishes where they
preach, ay and while they give assurance to
keep presbyteries : and the said lords being

informed, that hitherto obedience
hath not been given to the foresaid
act of council, do therefore command and
require all and every one of these ministers,
allowed by order of council to preach, to
keep presbyteries in time coming : and do
hereby confine all those who shall not give
obedience, in keeping presbyteries, within
the bounds of their respective parishes
where they preach : and ordain extracts of
this act to be sent to every one of the said
ministers, that none of them pretend igno
rance."

It was hard enough to confine any sub-
I ject without a fault, and yet not disagreeable
j to the arbitrary measures of this time ; but
I it looks yet worse to confine ministers, unto
whom they pretend to be allowing favours,
merely for conscience sake. This confine
ment, at first view, may seem to be no great
hardship; yet, if we consider how many
necessary affairs might suddenly call them
elsewhere, and what time and labour it cost
to apply to the council upon every emergent,
this state will not appear very desirable. I
shall but instance one case. June 22d,
Mr John Bell, minister at Ardrossan, being
confined to his parish, his father living
within a mile of him, falls sick, and he must
apply to the council to visit his dying father.
They allow him indeed, by their act of the
above date ; but with a proviso, that he go
to no other house without his parish in
coming and going. This may discover to
us the hardship of this act. And to give all
1 meet with, as to this confinement, together,
the council, October 3rd, are pleased to
allow Messrs Hutchison, Wedderburn, Mil
ler, and Mowat, liberty notwithstanding their
confinement, to travel, as their affairs call
them, till November 1st. And November
9th, Mr Robert Douglas and Mr Robert
Hunter s liberty is continued to February-
Is^ next year. November 28th, they take
off Mr Gemmil, and Mr Spaldin s confine
ment till February 1st. And in January
and February next year, Mr Hutchison,
Mr Douglas, and Mr George Johnston,
have some liberty granted them. I only
notice these hints, to show the strictness
of the act, and the trouble ministers were
put to.

184

1671.

THE HISTORY OF THE SUFFERINGS

[BOOK II.

Again the indulged were put to

no small trouble to get up their
stipends. They had warrants many times
to ask of the council, for getting payment
from the collector. So I tind, February 2d,
Mr Thomas Black, indulged at Nevvtyle,
gets a warrant from the council to the col
lector, for eight hundred merks, not paid
for the year 1669. And, April 6th, upon
their petition, Messrs Kamsay and Baird
at Paisley, get the same warrant, to be paid
out of the vacant stipends that year. In
July, the council come to ease themselves
of this trouble, and it is moved there, to
pass a general act for the payment for the
year 1670. The bishops struggled hard to
prevent this. Leighton violently pressed,
that their liberty might be taken from them,
since they had broken their rules. The
noblemen urged, that if the indulgence were
taken away, conventicles would be yet more
frequent, and the council troubled every
day with complaints, and the country run
into confusion : so this was waved. The
bishop of St Andrews, and others in coun
cil, violently opposed the warrant for grant
ing their stipends ; so that with difficulty it
was carried : and, July 6th, an order is
given to the collector of the vacant sti
pends, " to pay the ministers allowed to
preach, the stipend 1670, retaining in their
own hand the proportions to be paid to
poor scholars, and the clerks of synods and
presbyteries."

Their carriage, as to the 89th of May,
was a pretext to the prelates to argue
against paying their stipends. None of
them kept that day as required by the act
of parliament. When the day for their
week-day s sermons happened that time,
they preached ; and, it was alleged, some of
them appointed their sermons that day of
the week upon which the twenty-ninth day
of May was to fall upon, to evite trouble :
others had diets of examination that day ;
and others chose to baptize children, or
marry some of their people that day, and
explained some portion of scripture to their
hearers. Great clamour was raised against
them, for not keeping the day in terms of
law; and they were represented as disaf
fected to the king s government, and not

willing to commemorate his happy restora
tion; whereas several of them had been
very active in it, while some of the present
bishops had complied with the usurper, and
every imposition which came about. Their
scruple did not lie at the king s govern
ment, but against all anniversary days what-
somever. To please the bishops, a new
command is given to them to keep that
holy day in time to come ; and the council
resolve to be very strict in examining how
it is obeyed.

Their continuing to lecture, notwithstand
ing the act of council discharging it last
year, was another handle to the enemies of
the indulged in the council, and much in
sisted upon. They continued, as hath been
narrated ; and the issue the council comes
to, July 6th, concerning this, is : " Being
informed, that the ministers allowed to
preach, do not keep the council s act anent
lecturing, the sheriffs are ordered to take
trial thereof, and send in the names of such
as contravene, to the council." Thus the
matter is put off for some time.

Other ministers, besides the indulged,
were brought to trouble this year. Mr
John Menzies, of whom last year, being
cited to appear before the commissioner in

last to answer what should be laid to

his charge, compeared, and was confined to
his chamber in Edinburgh. When he had
continued there a good time, and no further
notice was like to be taken of him, he went
home, and preached to his people. Upon
the 14th of January, the council find he
hath broken his confinement, and preached
at his kirk of Carlaverock, and order him
to be charged to compear before them that
day fortnight under the pain of rebellion.
I find no more about him in the council
registers, and can give no account how his
process ended.

The outed ministers who were every way
peaceable, and kept no field conventicles,
are complained upon to the council, for not
keeping their parish churches, in terms of
the last act of parliament ; and an order is
sent " to the sheriffs of Lanark and Ren
frew, March 9th, to acquaint any of the
outed ministers living in their bounds, that
it is the council s pleasure, they either keep

CHAP. VI.]

OF THE CHURCH OF SCOTLAND.

185

the churches where they live, or remove
with their families, to places where they
will keep it ; and if they do not obey, that
they imprison them." This act put them
and their families to no small trouble and
charges.

Further complaints are made against the
outed ministers, for their baptizing children.
I find the council make diligent inquiry
about this; and, when it could not be so
easily proven, the council first put over the
parents into the hands of the bishops, and
then require the sheriffs to make inquiry
into this matter. June 29th, " the council
being informed of many disorderly baptisms,
and of some who do not baptize their chil
dren at all, require the bishops to proceed
against them by church-censures, and report
their diligence to the council." What re
port they made, I find not ; but, it would
seem, their censures were not much re
garded : and therefore, October 3d, another
method is taken. " The council consider
ing the many disorderly baptisms that are
abounding, appoint the sheriffs, stewards,
and lords of regalities, to call for the session
books of each parish, and consider which of
the children in every family have been
orderly baptized, and which not, and uplift
the fines." Upon this, a great many were
brought to very much trouble, and sore
oppressed in the exacting of their fines.

This year likewise, the advocate, who was
a zealous agent for the bishops, pressed
much the execution of the acts made against
conventicles : severer could scarce be made
than those of the last session of parliament ;
and the application of them was left to the
council. I do find, about this time, others
of the leading persons were also very violent:
some were prosecuted for conventicles, but
they were not many who fell into their
hands. However, I shall set down Avhat
passed in council against conventicles this
year, as far as I have noticed it. Upon the
2d of March, the council nominate a com
mittee, archbishop of St Andrews, duke
Hamilton, the earls of Argyle, Linlithgow,
Tweeddale, Kincardine, Dundonald, presi
dent, advocate, treasurer-depute, (now my
lord Haltoun, Lauderdale s brother, the lord
Bellenden having demitted in February last,)

n.

and register, to consider what is
further to be done for suppressing
I conventicles and disorderly field-meetings,
I and punish withdrawers from ordinances, and
quickening those intrusted with the militia to
their proper work. Upon the 7th of March,
the council order (which I take to be the
mind of the committee) " the commissioner*
of the justiciary, viz. the justice-general,
justice-clerk, and five of the ordinary lords
of the session, to take up dittay against the
contra veners of the acts against conventicles,
irregular baptisms, and separation from the
church, and cite them before them." What
they did I know not, but I find nothing
relative to this in their registers this year.

The 7th of March, the council cite before
them the cautioners of Messrs Alexandei
Hastie, Stobie, Adam, &c. for being at the
conventicle at Beeth-hill last year, to pro
duce those persons for whom they were
bound sureties. And upon the 9th of March,
Messrs Hastie, Stobie, Adams, &c. compear
before the council, and are ordered to attend
the first meeting, in May. But I find no
more of them this year.

In order to prevent conventicles, and
retrieve the credit of the conformists in the
west, the council at the same time deal with
patrons to plant vacancies there. And,
March 9th, they write a letter to the arch
bishop of St Andrews, acquainting him, that
they have recommended it to the duke of
Hamilton, and other considerable patrons
in the west, to use all diligence to get their
churches planted with the most able and
godly ministers; and desire the primate,
that if they give calls unto, and present any
ministers in his diocese, that they be speedily
loosed, and sent west at their desire. Per
haps this is another overture coming from
the fore-mentioned committee. Whether
this proposal paves the way for their act
July 6th, or if they found the former
method did not answer their end, I know
not : but that day, " the lords of privy
council finding patrons very slack in plant
ing parishes, to their great hurt, they recom
mend it to the bishops to plant all the
vacancies in their dioceses, quamprimum,
jure devoluto." This was indeed the more
effectual way ; yet I do not find the choice

186

THE HISTORY OF THE SUFFERINGS

[BOOK II.

the prelates made was satisfying- to
167 * the country; for conventicles con
tinued, and the churches of the curates were
very thin. In short, the outed ministers
preached as they had opportunity, and, not
withstanding all the severe acts made last
year, neither ministers nor people were
much discouraged.

I come now forward to consider the cir
cumstances of some gentlemen of the pres-
byterian persuasion this year. It is rather
the end of a long tract of sufferings, than a
branch of them, when I notice, that excellent
gentleman colonel Gilbert Ker, gets liberty
to come back to his native land at this
time. February 16th, " the council, in con
sideration of the king s letter read this day,
allow colonel Gilbert Ker to reside in Scot
land, he giving bond to behave himself peace
ably and loyally, under penalty of five hun
dred pounds sterling." This good man was,
at the restoration, so threatened by the
managers, that he took upon him a volun
tary banishment, and was much under hid
ing till this time.

George M Cartney of Blacket in Kirkcud
bright fell under very sharp sufferings this
year; and 1 shall give them all together in
this place, and they will lead me in to touch
upon some attempts upon other gentlemen
with whom he is classed. Upon the 2d of
March, Sir Charles Erskine, lord Lyon, gets
a commission from the lords of the treasury,
Rothes, Lauderdale, Tweeddale, Kincardine,
Dundonald, Haltoun, and Sir Robert
Murray, to intromit with the estates, goods,
and gear, of such who were forfeited for the
rebellion 1666, within the shires of Dum
fries, Wigton, and the stewartry of Kirkcud
bright, for the year and crop 1670, and the
following; and to call Maxwell of Milntoun,
and other intromitters before that time, to
an account, and report, and make his
accounts to the lords of his majesty s trea
sury. I need not insert the commission at
full length, a copy of which is just now
before me ; but the gentlemen specified are,
M Clellan of Barscob, M Clellan of Bar-
mageichan, Cannon younger of Mandrogate,
John Neilson of Corsack, John Gordon of
Knockbreck, Robert Gordon his brother,
major John M Culloch of Bornholm, Mi-

Alexander Robertson, George M Cartney
of Blacket, Gordon iu Porbreck, Cannon of
Barnshalloch, Welsh of Cornlee, Gordon of

Holm, of Skair." We have met with

all of them formerly, save the gentleman of
whom I am now to give some account, Mr
M Cartney of Blacket. The tenants and
relations of the rest were grievously perse
cuted ; and all the rest had been forfeited,
as we heard before, but Blacket was not,
and his treatment was most illegal : how
his name came to be in the Lyon s commis
sion I cannot tell. He was a pious worthy
man, and, by some base measures or other,
his name was got in, and this cost him a
vast deal of trouble and charges. I shall
here take occasion to set down his sufferings
all together, from an attested account in my
hand, and some of his own papers.

His father was fined in Middleton s parlia
ment, in fifty pounds sterling, besides riding-
money, a hundred and eighty pounds Scots,
which he was forced to pay; and was
imprisoned in Kirkcudbright, and died in
prison. After Pentland, though the son,
whose sufferings I am now accounting for,
was neither forfeited, nor declared rebel,
Maxwell of Milntoun elder came and took
away his horses, to the value of a hundred
and sixty pounds, merely as a suspected
favourer of Pentland people, and a noncon
formist to prelacy. At the same time his
house was spoiled, his hay and corn, and his
lady s wearing clothes taken away, at a
modest computation, four hundred and
ninety four pounds, thirteen shillings and
four pennies. Sir William Bannantyne came
next, and exacted a bond of five hundred
merks. In the year 1668, a party of soldiers
came and plundered his house, and took
away a horse ; the loss by both was at least
a hundred pounds. Some time after major
Cockburn came from the garrison of Dum
fries with eighty horse, and stayed two days
at Blacket s house : they turned down the
corn-stacks, and put the horse into the stack
yards, and destroyed the corn and fodder,
and killed a good number of beasts; the loss
at least was two hundred and twenty-six
pounds, thirteen shillings and four pennies
Scots.

This year the lord Lyon came upon the

CHAP. VI.]

OF THE CHURCH OF SCOTLAND.

187

foresaicl commission, and would have had
Blacket compounding with him for his pro
tended gift of his estate ; which he refused,
and so was carried into Edinburgh tolbooth
prisoner. From some letters of Blacket s
in the prison, and his information and petition
to the council before me, I could give a
large account of the injustice of his imprison
ment, and the process against him; but it
would run (to) too great a length. In short,
after several petitions to the council, at
length his case was considered; and, upon
his information, his circumstances appeared
so favourable, that it was remitted to the
advocate; and upon Blacket s producing of
the books of exchequer and justiciary, with
the two acts of indemnity, it was evident he
was neither forfeited, nor an excepted person.
This was reported, and his liberation granted,
upon his giving bond to answer when called
for. Yet he was still detained in prison, and
upon inquiry, he found that he had been
liberate, but that council-day matters were
so throng, the clerk forgot to minute it, and
since that time he durst not speak of him.
However, the clerk assured him, that the
advocate who appeared friendly to him,
desired him not to petition any more, and
assured him he would take the first oppor
tunity to liberate him. What truth was in
this message I know not, but he continued
in prison six years, and that without any
fault, and much of it after the council had
liberate him. His charges for bails to the
council, to the Lyon, to advocates, agents,
maintenance, and jailor-fees, at a modest
estimate, were not under twenty-two hun
dred pounds.

When he was in prison, the Lyon sent
and displenished all his ground, and took
horses, black cattle, sheep, &c. and displen
ished his house and whole lands, and laid
them waste five years ; so that not one might
stay one night upon his ground. The rent
of his lands was six hundred merks yearly.
This, with his other losses, was at least
twenty-four hundred pounds. After he was
let out of prison, David Graham, brother to
Claverhouse, with a party of soldiers, came
and stayed at his house, took his horses and
corns, kept garrison some weeks in the house,
which amounted to three hundred and

seventy-three pounds, six shillings
and eight pennies. And, for non
conformity and noncompearance, and such
crimes, my lord Livingstone got a gift of
his estate. His factor carried away a hun
dred and sixty bolls of corn, with fodder,
hay, and horses, which together with my
lord s intromission with the yearly rent of
Blacket for five or six years before the revo
lution, amounts to